Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



COLLINS ALIAS DERBY
V.
THE REPUBLIC

(1988) JELR 65355 (CA)    
Court of Appeal  ·  14 Jul 1988 ·  Ghana
 · 
Other Citations
[1987-88] 2 GLR 521
CORAM
FRANCOIS J.S.C ,OSEI-HWERE JA,AMPIAH J.A.

Ratio Decidendi

Core Terms Beta
jury
appellant
state v
trial
trial judge
unanimous verdict
case
appellant’s mother
sack of corn
ankaful psychiatric hospital
appellant’s room
appellate court
criminal procedure code
doris fynn
early hours of the morning
exhibit n
jury’s consideration
learned judge
mental state
appellant’s clothes
appellant’s mental history
circumstances of this appeal
continued trial
evidence of facts
evidence of this witness
following words
foreman of jury
further argument
hodge’s case
important matter
important questions
insane delusions
lord goddard c.j.
lord merris of borth-y-gest
medical examination
mental condition
nautical studies
piece of the jig-saw
police officer
previous statement
proof of the charge of murder
prosecution witness
reasonable doubt
third prosecution witness
time of the appellant
trial leave
vexed issue of circumstantial evidence
whitish velvet material

FRANCOIS J.S.C.

In the early hours of the morning of 28 June 1984 a young woman left her house to take breakfast to her father in his farm. She got there only to discover her father’s battered body in a stream under a bridge that divided his two farms. In attempting to drag her father out of the water, she discovered he had sustained extensive injuries. Blood was oozing from his mouth and the side of his neck. His teeth had been knocked out. Her father was fully clothed with his faming boots on. Nearby was a cutlass, and by it a spear, a truncheon, a sack of corn and a strange pair of brown sandals. She recognised the sack and cutlass as belonging to her father, but not the other items.

The autopsy on the deceased disclosed a fracture of the skull which a blow to the head could have caused. Wounds on the forehead and the back of the head were lacerations caused by a metal implement. The lacerations to both back and front of the head ruled out accident and forcibly suggested the inflict…

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