JUDGEMENT
Murder – land dispute – trespass amounting to provocation – reduction of charge to manslaughter only one assessor giving opinion – whether opinions of all three assessors required – Criminal Procedure Code sections 322(1) and 382.
On the 21st May 1981, the appellant became annoyed at the deceased cutting grass on, and passing across his land. He went up to where the deceased was sitting and stabbed him several times with a knife, causing his death. There was evidence of a land dispute between them and that, the appellant resented people passing across his land. He was charged with murdering the deceased, but after receiving the opinion of the second assessor, who acted as spokesman for all three, the Judge held, there was provocation and convicted the appellant on the reduced charge of manslaughter . He was sentenced to seven years’ imprisonment and appealed against his conviction and sentence.
Held:
Section 322(1) of the Criminal Procedure mandatorily requires the Judge to take…