R. v. Christopher s/o Ngambilo, Crim. Sass. 150-Iringa-67, 7/10/67, Georges C. J.

R. v. Christopher s/o Ngambilo, Crim. Sass. 150-Iringa-67, 7/10/67, Georges C. J.

Accused was charged with attempted murder of one William Mhuma. There was evidence that accused came to William’s house and while aiming a gun in the general direction of William’s knee, he said, “Today you will die.” He then shot William in the knee.

            Held: Where the charge is murder, the intention to kill or to do grievous bodily harm will suffice to establish malice aforethought, but where the charge is attempted murder, the actual intention to kill must be proved. Accused could easily have aimed at a vulnerable part of William’s body, and his action in aiming at the knee did not confirm his threat to kill. Accused convicted of unlawful wounding.