Where the charge is murder and there is evidence of extreme intoxication combined with uncertainty about which injuries the accused inflicted, manslaughter must be left to the jury as an alternative verdict even where the defence case is complete denial. Under the Weiss proviso test, the appellate court must make its own independent assessment of whether guilt of murder is proved beyond reasonable doubt, and where the natural limitations of appellate review prevent the court reaching the necessary degree of satisfaction, a new trial must be ordered rather than the proviso applied.
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