Volter Hopp v. R., Crim. App. 58-M-67; 31/3/67; Mustafa, J.

Volter Hopp v. R., Crim. App. 58-M-67; 31/3/67; Mustafa, J.

Accused said to one Paskali in the presence of one Kassese, “Why have you not finished your work? What is wrong with the African brain? African brain is the same as my anus.” Paskale was not called as a witness at the trial of accused for using abusive or obscene language in a manner likely to cause a breach of the peace. Kassese, however, testified that upon hearing accused ’s statements, he was “angry and annoyed.” (Quote is from the High Court’s opinion, not the witness’ testimony.)

            Held: (1) Since the purpose of the statute is to prevent public disturbances as a result of hearing offensive language, it is immaterial that the person to whom the remarks are directed does not testify, or is himself not incited. (2) Accepting Kassese’s evidence, as the trial court did, the conviction was “perfectly justified.”