The appellant was convicted of second-degree murder in the death of his wife.
At trial, he admitted causing her death but claimed he did not mean to kill her, raising defences of self-defence, necessity, and accident.
He alleged his wife had tried to poison him and set a fire in their home, and that she died from traumatic asphyxia during a struggle when he accidentally kneeled on her chest.
The trial judge instructed the jury on accident as to unintended consequences but refused to leave accident as to the actus reus.
The Court of Appeal held that the trial judge erred in failing to leave the defence of an accidental act with the jury, as there was an air of reality to the appellant's claim that he kneeled on his wife accidentally.
The appeal was allowed and a new trial ordered.
