Oscar has been tried for murder of his wife Riva. His case was that when he shot at Riva, he did not intend to kill her. Oscar explained in his evidence that he was cleaning his gun when Riva returned home, in a bad mood, after a visit with her parents. He said that she accused him of being unfaithful and began throwing dishes at him, hitting him with a tea cup. He said that he lost his self-control and decided to fire a warning shot to scare her.

Oscar's evidence was that Riva's parents never liked him and that in the 10 years of their marriage, Riva often behaved aggressively after visits with her parents.

Rihanna J in her brief summing up, gave the following directions to the jury:

" Members of the jury, you heard the evidence and I do not intend to repeat the facts. You are all sensible people and I expect you to draw heavily on that common sense that you all possess, in determining what really happened.

The accused has said that it was not his intention to kill his wife and that he only intended to fire a warning shot. You must decide whether you believe that story.

It is clear that Oscar's warning shot is what killed Riva. He therefore must have aimed his gun at her. What did he think would happen when he did that and squeezed the trigger?

If you believe that the risk to his wife was obvious, you must ask yourself what did Oscar think would happen? He is not an idiot. What was the most probable outcome?

Ultimately you must decide whether Riva's death was certain to result from Oscar's actions. Clearly he has no defence?"

Oscar was convicted of murder and now wishes to appeal his conviction. He has asked you to advise him as to the grounds upon which such appeal may be brought.

Advise Oscar.