Case Number

Cr.A. 158/58

Date Decided

11-1-1959

Decision Type

Appellate

Document Type

Full Opinion

Abstract

In broad daylight in the centre of Raanana, the appellant and his brother together stabbed one Abdush to death as an act of veneance for the slaying of their father by the son of Abdush. The appellant pleaded that the killing was an attempt and not murder since there was no evidence as to which knife wound had caused the death, nor was he an accom­ plice since he was of a psychopathic nature and unaware that his brother had done the killing. The onslaught on the deceased had not been premeditated but arose in the course of an accidental meeting. The appellant also pleaded that he had acted under provocation of an alleged insult to him by the victim and was therefore only guilty of manslaughter.

Held: The facts and the medical evidence showed that the appellant was aware of what was happening and even if the brother had struck the fatal blow, the appellant was an accomplice in aiding and promoting the combined effort and was equally responsible for the outcome. There had been no provocation.

Keywords

Criminal Law -- Murder

Download

Included in

Criminal Law Commons

Share

COinS