R. v. Alistaliki s/o Masumbuku, Crim. Sass. 4-A-67, 31/7/67, Platt J

R. v. Alistaliki s/o Masumbuku, Crim. Sass. 4-A-67, 31/7/67, Platt J

Accused was charged with murdering the woman with whom he had lived for several months. There was evidence that

They had quarreled during the day, that deceased had threatened to return to her mother and had refused to obey accused ’s demand that she wash his clothes. She also refused to give him Shs. 20/- which he demanded, but finally relinquished it. Shortly thereafter, accused dragged deceased from a house into a plantation a short distance away and fatally wounded her with a panga. Deceases was 16 week’s pregnant at the time of her death.

            Held: (1) An issue is “whether the situation which faced accused as a whole, could be seen as provocation, which could cause a man of his [accused ’s] position in life to lose control of himself and act in a heat of passion in this way.” (2)The burden of proof is on the prosecution to disprove provocation. (3) The acts of deceased during the quarrel would merely give rise to annoyance and did not constitute provocation. Accused convicted of murder and sentenced to death,