THE STATE vs. TENE DAGARTI

JUDGMENT OF VAN LARE J.S.C. Van Lare J.S.C. delivered the judgment of the court. [His lordship referred to the facts and continued:] The prisoner has appealed to this court against his conviction and the substance of the arguments addressed before us was whether there was an intent to kill in support of the conviction for murder, the main point alleged being that the act of the prisoner can in the circumstances amount to manslaughter only. An attempt was made to introduce the question of provocation which we dismissed in the absence of what our law regards as extenuating circumstances and matters which in law amount to such provocation as to reduce murder to manslaughter. Our attention was attracted by section 251(4) of Cap. 91(9), whereby the law regards. “a violent assault and battery committed in view or presence of the accused person upon his or her wife, husband, child, or parent, or upon any other person being in the presence and in the care or charge of the accused perso.....