THE STATE v. ZAMBRAMA
1960
SUPREME COURT
GHANA
CORAM
- VAN LARE
- GRANVILLE SHARP
- SARKODEE-ADOO JJ.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1960
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted of murder after attacking and killing his employer's son-in-law and an eight-year-old child. During his trial, the issue of his sanity at the time of the crime was raised, with both his statements and psychiatric evaluation suggesting possible insanity. The trial judge's summing-up to the jury was found to be confusing and lacking in clarity, which led to a misdirection. The court quashed the death sentence, ordering the appellant to be detained as a criminal lunatic.
JUDGMENT OF VAN LARE J.S.C.
Van Lare, J.S.C. delivered the judgment of the court. This is an appeal from a conviction before Charles, J., sitting with a jury at the Assizes holden at Accra on the 8th January, 1960. The appellant was charged with the murder of one Odonkor Alimo at Asagya-Akwadum village near Begoro, where he had been engaged by one Tetteh Ozinor as a farm labourer only three weeks previous to the incident complained of. The appellant lived together with others in his employer's house. Until the events leading to his arrest and trial he had been found to be a good worker and was on friendly terms with his said employer, his relations and others in the house. He had behaved as a normal person until the day he committed the offence in respect of which he was tried, when to the surprise of every one in the house, without any cause or reason whatsoever, he was seen to come out of his room after the evening meal and literally ran amuck in the house with a cutlass in hand. He slashed, not only the deceased who was his employer's son-in-law on a visit to the house on that eventful evening but also the employer's daughter Arku Borki, the deceased's wife, and attacked three others including one Awusi, a child of eight years and wounded them and others whom he could reach in chasing people about the house. Other inmates had to lock themselves in their rooms to avoid onslaught on them by the appellant. Alimo and the eight years old Awusi died as a result of several wounds inflicted on them by the appellant. [p.207] Three policemen had some difficulty in arresting the appellant from the bush where he was apprehended some little time after the killing still brandishing the cutlass and wounding one of the policemen in their attempt to arrest him.
It is apparently clear on the evidence that the behaviour of the appellant at all times material to the charge is most inexplicable; it is sufficient to say he had behaved in an exceptionally abnormal manner. When arrested the appellant said to the policemen; "Those fools are lucky that the police have called in, if not so I would butcher more to death."
Undoubtedly this is a case where it is imperative to consider the state of the appellant's mind at the time of the commission of the offence. At the trial this question was raised and put in issue. It was a defence which required a careful examination and treatment, especially in the judge's summing-up to the jury whose verdict was to determine the matter on