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Joha d/o Juma v. R., Crim. App. 699-M-68, 2/11/68, Seaton J.



Joha d/o Juma v. R., Crim. App. 699-M-68, 2/11/68, Seaton J.

Accused was convicted on her own plea of unlawful wounding c/s 228 (1), Penal Code, and was sentenced o 30 months imprisonment, the maximum sentence being 3 years. Accused had slashed her husband thrice during a quarrel, after, she alleged, he had stripped her naked, assaulted her with his fists and threatened to kill her.

            Held: The sentence is manifestly excessive. The actions of the complainant, though not justifying the assault, nevertheless “constitute provocation sufficient to cause any reasonable “constitute provocation sufficient to cause any reasonable woman to react violently.” Sentence reduced to 9 months. 

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