JELR 81081 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
Other Citations
1946-49 12 WACA 5-7
Core Terms Beta
absence of motive
learned judge
udo ude
absence of any evidence of motive
active duty
active service
evidence of insanity of ancestors
learned trial judge
medical evidence
much evidence indicative of insanity
part of the judgment
question of insanity
trial judge
behalf of the appellant
charge of murder of the deceased
charge of serious assault
chronological order
c. taylor
day of his arrest
dirty tin
first submission of misdirection
following day
insane laughter
inter alia
legal sense
magistrate’s court
medical treatment
mr. j
mr. taylor
preliminary enquiry
said pains
sole purpose
state of mind of the appellant
state of the accused
time of the act
total insanity
wife mrs. a. e. u
witness francis ekpanyong idio

 The appellant was convicted of murder, and sentenced to death, in the Supreme Court of the Calabar Division. His defence was insanity.

This appeal is brought on the ground of misdirection by the learned trial Judge, when summing up the evidence as to the state of the accused’s mind at the time of committing the act and coming to the conclusion that the defence of insanity had not been established as defined in section 28 of the Criminal Code. Mr. J .1. C. Taylor was assigned to argue the appeal on behalf of the appellant, and his first submission of misdirection was that the defence was one of “ partial “ insanity (by which) he meant that the appellant was subject to periods of insanity, during one of which he killed the deceased) and that the judge took the defence to be one of “total insanity” (by which Mr. Taylor meant permanent insanity).

We do not agree with this submission. It is clear that the learned Judge’s summing up of the evidence was directed to ascertaining the state of m…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login