ABSTRACT

The appellant wife petitioned for divorce on the grounds of the alleged cruelty of the respondent, her husband ...

Tolstoy for the wife: The commissioner in his judgment said: ‘That is the evidence, and in order to succeed the wife has to satisfy me that there has been injury to life, limb, or health, bodily or mentally, or reasonable apprehension of it, and she has to prove her case beyond reasonable doubt.’ In that last sentence, it is submitted, the commissioner misdirected himself, since the phrase ‘beyond reasonable doubt’ was to denote the standard of proof applicable in a criminal case ...