[1993]DLCA855 • April 8, 1993 • Court of Appeal
REPUBLIC vs. ZINITEGE
The appellant was convicted of murder for fatally striking his nephew, the deceased, following a series of confrontations. The deceased had allegedly sexually assaulted a woman who was with the appellant, leading to bad blood. On the day of the incident, after drinking together and exchanging insults, a physical altercation ensued where the deceased attacked the appellant with sticks. The appellant seized one of the sticks and delivered a fatal blow to the deceased's head.
read moreJUDGMENT OF BROBBEY JA. The appellant was tried, convicted and sentenced for the offence of murder. Aggrieved by the conviction and sentence, he appealed to this court. Only one ground of appeal was filed on his behalf. It was that the trial judge did not adequately consider the case of the appellant. In arguing that ground, counsel for the appellant contended that the judge failed to direct the jury adequately on the issue of self-defence and provocation. The facts which gave rise to the charge were as follows: The deceased was the nephew of the appellant. Some time in or around December 1985 the appellant went to a drinking bar. He bought some pito for himself. While drinking, a girl-friend of his approached him. He bought her some of the pito which he had bought for himself. At the end of the drinking, he took the girl to the house of the deceased where he decided to spend the night with her. Apparently the drink he had taken got the better part of him and he over-sle...