R. v. Richard Hiyari Crim. Sass. 222-Iringa-70; 10/12/70;

R. v. Richard Hiyari Crim. Sass. 222-Iringa-70; 10/12/70;

The accused was charged with the murder of his sister. In an extra-judicial statement he admitted killing the deceased with a pestle but stated he did not know what caused him to kill her. At his trial he gave evidence on oath and stated that on the material date he had been drinking pombe for about 5 hours before the incident which resulted in the death of this sister and that on his way home he had fallen on a number of occasions.

Held: (1) “intoxication takes various forms. It may lead to total incapacity amounting to temporary insanity [sec.14(1) (b) Penal Code] or it may create a condition which induces extraordinary violence and in this connection it may become relevant in determining whether a person in such a condition is capable of forming a specific intention which may be a necessary ingredient of an offence. I have ………. Found that the accused was not insane, temporary or otherwise, at the time he did the act.” (2) “In considering whether the accused intended to kill or cause grievous bodily harm to his own sister one may be tempted to look for a motive (R. v. Mango’ondi s/o Masele Crim. Sessions Case 219 of 1969 cited). The accused was most friendly with his deceased sister. There was no previous quarrel between them. I find that by reasons of his heavy drinking [the accused] acted while still under the influence of this intoxication and did not form the intention to kill or cause grievous bodily harm to the deceased. I find him guilty of manslaughter and convict him accordingly.”