BODJE vs. THE STATE [1964]DLSC1880

Date	1964-02-29
Suit No.
Citation No.	[1964]DLSC1880

ADUMUA-BOSSMAN JSC

MILLS-ODOI J.S.C.

APALOO J.

A. A. ABOAGYE DA COSTA FOR THE APPELLANT.

D. F. ANNAN SENIOR STATE ATTORNEY FOR THE STATE.

[1964]DLSC1880
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													<main id="main" class="content" style="min-height: 60rem" >BODJE<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1964] GLR 122<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:
29 FEBRUARY 1964.<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">

A. A. ABOAGYE DA COSTA FOR THE APPELLANT.<o:p></o:p>

D. F. ANNAN, SENIOR STATE ATTORNEY, FOR THE STATE.<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">

ADUMUA-BOSSMAN AND MILLS-ODOI JJ.S.C.
AND APALOO J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MILLS-ODOI J.S.C<o:p></o:p>Mills-Odoi
J.S.C. delivered the judgment of the court. The appellant was convicted by a
jury before Akiwumi J. sitting at the criminal session of the High Court held
at Sekondi on 14 March 1963, for the murder of one Naejetey Okoshie, a school
girl about nine years of age, at Apimanim village.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant did not deny killing the young girl but he raised as a defence the
issue of the state of his mind at the material time. The real contest between
the state and the appellant therefore was upon the issue of the alleged
insanity, and upon this the facts placed before the jury were as follows:<o:p></o:p><o:p>&nbsp;</o:p>On the
morning of 27 November 1962, for no reason which could be assigned, the
appellant inflicted several severe cutlass wounds on Naejetey Okoshie, the
deceased. No one witnessed the savage act of the appellant by which the
deceased was hacked to death and the prosecution had to rely solely on the
statement which the appellant made to the police, four days after the incident,
confessing to the killing of the deceased and one other person. Indeed it was
stated in evidence that the appellant was the guest of the deceased’s father
and was fairly treated by him. The evidence further showed that on the morning
of this fateful day, while the appellant and the deceased’s father were
together drinking tea in the latter’s house, one Dick reported to them the
death of a child in a hospital at Agona junction. The deceased’s father (Lion
Okoshie) and Dick then left together for the hospital, leaving behind the appellant,
the deceased’s grandmother and the deceased who was getting ready to go to
school.<o:p></o:p>The
deceased went to school but returned to the house shortly afterwards and
collected three shillings from her grandmother the third prosecution witness to
give to her teacher. She left with the money and the grandmother also left to
visit the deceased’s sister who lived with her mother in a house behind that of
the deceased’s father. As soon as she got to the house the appellant also came
in; he was in a sweat and trembled violently. He said he was hungry; but food
was not then ready. Suddenly the appellant raised up his right arm, shook it
and said there was no time to waste. His left arm was at the time under the
cloth he was wearing. He then left the house, ran to the road and started
sobbing and saying that he was very hungry. The deceased’s grandmother and the
deceased’s step mother who was in the house at the time with the former gave
chase to the appellant calling him to return to the house to have some food;
but he ran into the bush and they lost sight of him.<o:p></o:p><o:p>&nbsp;</o:p>The
deceased’s grandmother and the step mother were both surprised at the odd
behaviour of the appellant and wondered whether he was going mad.<o:p></o:p>The
appellant ran from the bush into the house of one Essie Atta the fourth
prosecution witness, a housewife, who was at the time washing her clothes. The
evidence of this witness at the trial contained the following passage:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“When the
accused rushed into the house . . . he looked very agitated and was looking about
him. Then he looked at me and stared hard and I did the same, then he turned
round and hurried out. It was a most disconcerting experience; I was frightened
. . . The accused was in a sweat; he looked wild and looking from side to
side.”<o:p></o:p><o:p>&nbsp;</o:p>The
deceased did not return to the village after the morning session so her
grandmother became alarmed and she and the whole village began to look for her
and one other girl. Eventually she was found dead and lying behind a building
near a foot-path n</main>