R. v. Mahumudu s/o Kibwana, Crim. Sass. 230-D-67, 15/2/68, Hamlyn J.

R. v. Mahumudu s/o Kibwana, Crim. Sass. 230-D-67, 15/2/68, Hamlyn J.

Accused ’s only possible defence to a murder charge was that shortly before the killing he heard deceased say to someone else that he (deceased) had signed  a paper authorizing the police to beat accused.

            Held: “As a general rule … spoken words alone cannot be the basis for provocation… but variations of (the rule) may arise by virtue of the application of section 200 of the Penal Code in special instances among particular communities. Where spoken words are accepted in customary view as constituting provocation, the words must be of so devastating a character, of such over-bearing force, as to shatter the self-control of a normal person of that community.” Accused was convicted of murder and sentenced to suffer death by hanging.