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R. v. Amosi s/o Mwakisitu, Crim. Rev. 59-D-67; Duff, J.
Accused set fire to his house, to end his relationship with his wife, whom he believed to have been unfaithful. He was convicted of arson, under section 319(a) of the Penal Code.
Held; This “It would be unlawful for him to set fire to his own property if a person is in the premises or other building were endangered and were accidentally set on fire …… In this case it appears that only the home of the accused was.
Damages and this cannot constitute arson within the meaning of section 319 of the Penal Code.” Conviction quashed.
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