his wife fall on a knife accidentally. He had opportunity to inform his brother PW 3 or the LC 1
official PW 4 who were the first people to come to the scene.
police if it was accidental death.
He would have also told the
I believe the version in the charge and caution statement for
the reasons I have already stated above and I find the accused person participated in causing the
death of his wife.
On the issue of malice aforethought the defence contends that it was not proved beyond
reasonable doubt. That there was a fight between the accused and the deceased. That the charge
and caution statement shows the deceased hit the accused person and the accused fought back
with a knife that fatally wounded the deceased. That he acted under provocation and therefore
there was no malice aforethought.
Provocation was defined in the case of DUFFY 919490 1 ALLER 932 to be some act or acts
which would cause in any reasonable person, and actually caused in the accused, a sudden and
temporary loss of self control rendering the accused so subject to passion as to make him to
make him or her for the moment not master of his mind.
The act or words of provocation had
to be directed at the accused. The test in the defence of provocation is the evidence of sudden
and temporary loss of self-control to negative premeditated killing.
Whether the accused has pleaded provocation or not if there is evidence which might lead to a
finding of provocation, it is a duty of the court to consider it. Things done to the accused person
or both by the deceased or another person and cause the accused person to lose self-control
would amount to provocation.
In the instant case, as can be found in the charge and caution statement, the deceased boxed the
accused person on the mouth, he got injured and started bleeding, he picked a knife that was
nearby and stabbed her.
He immediately recovered from loss of self-control, tried to give her
first aid but it was too late she died.
PW 3 and PW 4 found the accused perplexed seated next to the body of the deceased.
The
accused inflicted the deceased with only one wound. The accused was found by PW 2 to have
wounds or injuries which tally with the charge and caution statement that the deceased boxed
him on the mouth.
Given the above evidence I find that the accused person acted under provocation when he hit the
deceased and fatally wounded her.
murder.
He had no malice aforethought and he is not guilty of
I do hereby find him guilty of manslaughter and I convict him.
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