R. v. Juma bin Hamadi, Crim. Sass. 1-Pemba-66, 5/3/66, Saidi Ag. C. J.

R. v. Juma bin Hamadi, Crim. Sass. 1-Pemba-66, 5/3/66, Saidi Ag. C. J.

The accused and the deceased engaged in an argument that ended with the accused striking the deceased on the head with a hoe, causing a skull fracture and internal bleeding which led to his death. The dispute began when the deceased cursed the accused and made obscene statements about his wife. The accused had no prior criminal record. The accused was charged with murder.

Held: The abuse by the deceased was insulting and provocative. The accused struck the blow causing death “while he was in the grip of provocation having been vulgarly abused by the deceased.” The accused was convicted of manslaughter, and sentenced to 8 years’ imprisonment.