R. vs. YEBOAH [1959]DLCA2052

Date	1959-12-04
Suit No.
Citation No.	[1959]DLCA2052

KORSAH C.J.

VAN LARE J.A.

GRANVILLE SHARP J.A.

SWANIKER FOR APPELLANT (YEBOAH). THE APPELLANT WAS CHARGED WITH THE UNPROVOKED MURDER OF HIS

MOTHER. IT IS SUBMITTED THAT ON THE EVIDENCE HIS INSANITY WAS OBVIOUS.

GLASGOW FOR RESPONDENT (CROWN) NOT CALLED ON.

[1959]DLCA2052
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" ><o:p>&nbsp;</o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">R. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">YEBOAH<o:p></o:p>&nbsp;[COURT OF APPEAL]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1959] GLR 434<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
4TH DECEMBER, 1959.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SWANIKER
FOR APPELLANT (YEBOAH). THE APPELLANT WAS CHARGED WITH THE UNPROVOKED MURDER OF
HIS<o:p></o:p>

MOTHER. IT
IS SUBMITTED THAT ON THE EVIDENCE HIS INSANITY WAS OBVIOUS.<o:p></o:p>

GLASGOW
FOR RESPONDENT (CROWN) NOT CALLED ON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KORSAH C.J., VAN LARE J.A. AND
GRANVILLE SHARP J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF GRANVILLE SHARP J. A.<o:p></o:p>The
appellant in this case was convicted before Adumua-Bossman J., sitting with a
jury, of the murder of his mother at Asiakwa in the Eastern Region on the 11th
January, 1959. On the evidence there could be no doubt that the appellant
caused the death of his mother by stabbing her with a knife, after there had
been between him and the mother some trivial dispute as to money, as to a
missing letter and as to the appellant’s desire to travel to Jasikan, to which
his mother would not consent.<o:p></o:p><o:p>&nbsp;</o:p>The only
defence that could be (or was) set up by learned Counsel for the appellant was
that he was insane at the time he committed the offence. There was, in our
opinion, insufficient evidence to establish this in law. No medical evidence
was called and the case for the appellant rested on no more than a suggestion
by the appellant that he had been under medical treatment for a considerable
time before his return to his mother’s house, which was about a week before he
killed her, and that his illness at that time had been a mental illness. He was
not supported in this by members of his family who gave evidence for the
prosecution. His uncle said that the illness consisted of “pains all over the
body”, and although it might be said that this could include pains in the head
it cannot be said, upon such a conjecture, that it in any legal sense supported
a plea of insanity.<o:p></o:p>The case
for the prosecution was pointedly put by learned Counsel to the appellant in a
question as follows:- “You were annoyed because your mother did not provide you
with the money you asked for?”<o:p></o:p><o:p>&nbsp;</o:p>In answer
to the appellant, in effect, put the whole essence of his defence. He said “My
answer is that it was sickness; because even if my mother had annoyed me, it’s
not a cutlass or a knife with which I should attack her.” Earlier in his
evidence he had said that on the morning in question his whole mind was
confused, and that after his mother had said she did not want him to return to
Jasikan, and later denied any knowledge of a letter for which he was searching,
and in which his wife had said she no longer wished to continue in marriage
with him, he remembered no more as to what happened until he was told at Kibi
Police Station on the following day.<o:p></o:p><o:p>&nbsp;</o:p>The
suggestion of hysterical amnesia does not provide a defence, however, and
cannot be said in law to support a plea of insanity (see the case of R. v.
Podola ( [1960] I Q.B. 325)).<o:p></o:p>

Upon a
full consideration of the recorded evidence, however, we formed the opinion
that the frenzy into w</main>