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MOHAMMED HAADI SAALIM
V.
REPUBLIC

(2015) JELR 108317 (HC)

High Court 3 Sep 2015 Ghana
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- Appellant was convicted on October 18, 2015 for stealing a Mitsubishi Pajero valued at GH¢80,000.00 and sentenced to 15 years' imprisonment. - On appeal, appellant argued (i) he was not mentally sound to stand trial, (ii) his police state

Case Details

Suit Number:ACC 7/2015
Judges:JUSTICE R. B. BATU (J)
Counsel:Winifred Odoi Quashie for Kaponde for Appellant No representation for the State

J U D G M E N T 

On 18th October, 2015, the Appellant was convicted on one count of  stealing one Mitsubishi Pajero car valued GH¢80.000.00. He was  sentenced to fifteen (15) years imprisonment. He appealed against both  the conviction and sentence on the grounds that: 

• The convict was not mentally sound to stand trial. 

• The convicts’ statement to police was not taken professionally.

• The sentence was harsh. 

On his behalf counsel narrates that on 4th November, 2011; an application  to the Circuit Court for medical examination of the appellant was rejected.  On 11th November, 2011, the Applicant’s mother swore to an affidavit  before this court that her son was not mentally sound. Orders to the court  for an examination of Appellant at Pantang Psychiatric Hospital have not been complied with. Counsel submits that on the authorities a mental  disorder severe enough that prevents a person from having legal capacity  excuses that person from civil and criminal respondent. He cites ASA…

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