R. v. Danson s/o Simbacungile, Crim. Sass. 167-Mbeya-66; 3/2/67; Otto, J.

R. v. Danson s/o Simbacungile, Crim. Sass. 167-Mbeya-66; 3/2/67; Otto, J.

Accused killed his mother-in-law during an argument, after spending some time drinking in a pombe shop.

            Held: (1) The evidence showed sufficient provocation to vitiate the malice aforethought required for a conviction of murder, in view of the accused ’s evident intoxication:’….. one must consider that because of the liquor that he had consumed he was more easily provoked, and under these circumstances one must not apply the test of the ordinary man.” (2) “One must consider the effect of liquor in coming to a conclusion as to whether or not the accused person was able to form the necessary intent.” Accused was convicted of manslaughter.