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Fideli Nyembe v. R., (PC) Crim. App. 654-M-67, 5/11/67, Mustafa J.
Accused was convicted of assault causing actual bodily harm [P.C. s. 241].He alleged on appeal that he had been provoked and, under the circumstances, had been justified in committing the assault.
Held: Provocation cannot justify an assault. It can only be a “matter in mitigation.” Appeal dismissed.
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