Rex v Kirangi
Rex v Kirangi (Criminal Appeal No. 167 of 1940) [1940] EACA 24 (1 January 1940)
The court held that the appellant did not act under legal provocation as defined by section 192 of the Tanganyika Penal Code. The killing of Lukubalugosa occurred after the appellant received news of his brother's death and went to the location where Lukubalugosa was already in custody. The court distinguished the present case from R v. Okurutumu s/o Ongiro, clarifying that legal provocation requires the act or insult to be committed in the presence of the accused. The facts did not support the existence of legal provocation, and to hold otherwise would be contrary to the express statutory pr…
Source excerpt
- Murder
- Provocation
- Penal Code Section 192
- Legal Provocation
- Distinction Of Case Law