R. v. John s/o Mshindo, Crim. Sass. 57-Iringa-67; 28/4/67; Hamlyn J.
Accused had pleaded guilty to manslaughter, saying, “I killed as charged and admit that I killed unlawfully but I did not intend to kill.” He had been set upon by a gang during a beer-drinking quarrel and, apparently without trying to escape, killed one of the gang with a pen knife. Act the time of the High Court judgment, the had been in custody for six months.
Held: “I am aware that, in the difficulties in which (accused) was placed, it is hard to consider what action he should take which complies with the law, and that the struck without any intention of killing. He has however pleaded that the blow was struck unlawfully. “ “ (T)he accused, having been in custody for the past six months, has been punished, though it must be impressed upon him and the public that these beer drinking quarrels must cease.” Sentence of one week’s imprisonment imposed.
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