Maawole Konkomba V. The Queen (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Murder—Provocation by witchcraft when available as defence.

Facts

The deceased was called by appellant’s father to see a son who was sick. The evidence showed that appellant believed deceased had killed one of his brothers by witchcraft and was responsible for the illness of the other, whom he was in the process of killing, and asked deceased to relieve the patient, and that on his saying he had no medicine for relief, -appellant struck him on the head with an axe, and he died. There was no note of the summing-up. Appellant was convicted of murder. On appeal :—

Held

A defence of witchcraft as grave provocation is available only where the accused himself has been put in fear of immediate danger to his own life.

Per curiam: A note of the summing-up should always be made and supplied.

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Appeal dismissed.