R. v. Mley s/o Kinyamali, Crim. Sass. 40-A-67, 26/7/67, Platt J.

R. v. Mley s/o Kinyamali, Crim. Sass. 40-A-67, 26/7/67, Platt J.

Accused set fire to complainant’s house, knowing that she was asleep inside. Accused was charged with attempted murder [P.C. s. 211]. The evidence revealed a history of accused ’s frustrations in his advances toward complainant, including a futile approach on the night of the fire, the complainant’s belief that she had heard the accused ’s voice at her house before the fire commenced, and witness’ statement that accused was running away from the house shortly after the fire had begun.

            Held: It is not clear that accused intended to cause complainant’s death; he may have intended “to cause grievous harm or wound the lady,” or to cause the loss of her house while being “somewhat indifferent whether she was hurt.” Only a specific intention to cause death will suffice to support a charge of attempted murder [Citing R. v. Gwempasi s/o Mukonzho (1943) E.A.C.A. 101.] Accused convicted of arson.