Attorney General v Kanyore
Attorney General v Kanyore (Criminal Appeal No. 189 of 1951 (Case Stated)) [1951] EACA 123 (1 January 1951)
The court held that the prosecution must prove not only that the accused wilfully threw the spear, but also that he wilfully and unlawfully maimed a cow, i.e., that he intended to injure a cow or knew he was likely to do so. The accused's honest and reasonable belief that he was spearing a wild pig, not a cow, negated the requisite intent under section 333 of the Penal Code. The authorities cited by the prosecution were distinguished as relating to acts expressly forbidden by statute, whereas the present case concerned malicious injury to property, requiring proof of specific intent. The Magi…
Source excerpt
- Wilful And Unlawful Maiming
- Mistake Of Fact
- Burden Of Proof
- Criminal Intent