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R.
V.
MOSHIE

(1959) JELR 69025 (CA)

Court of Appeal 5 Oct 1959 Ghana
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- The Court held that a trial judge must consider evidence of insanity or insane delusion under s.52(2) of the Criminal Code, even if not specifically pleaded, where facts support such a defence. - Verdict of murder was set aside; substitut

Case Details

Judges:VAN LARE J.A. AS C.J.,GRANVILLE SHARP J.A. ,OLLENNU J.
Other Citations:[1959] GLR 343, [1959] GLR 343 - 347

OLLENNU J.: In our view, the evidence given at the trial of the appellant raised the question whether or not, when he committed the act which he admits he committed, he was under an insane delusion as defined in section 52, sub-section 2 of the Criminal Code, so as, in the opinion of the Court, to render him an unfit subject for punishment.

The story consistently told by the appellant does not fit into the known facts; for example, apart from his landlord, and some of the people who arrived on the scene in consequence of the alarm, the people whom the appellant attacked were only women and children, while according to the appellant the people were all men, grown-ups; he never saw a child anywhere near. The story is such that the only impression it gives is that at the moment when he did the act he was living in a world entirely his own and quite different from that in which all other people in the village, who witnessed the scene, were living.

In the notes of the learned Judge’s summing…

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