[2015]DLHC12187 • September 3, 2015 • High Court
MOHAMMED HAADI SAALIM vs. THE REPUBLIC
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 ASARE VS. THE RE...