CORAM

---

---

PARTIES

---

DICKSON ARISA

APPELLANTS 

---

THE STATE

RESPONDENTS 

---

AREA(S) OF LAW

---

CRIMINAL LAW AND PROCEDURE – MURDER – DEFENCE OF INSANITY – APPEAL

 

---

SUMMARY OF FACTS

The appellant was tried and convicted of murder in the High Court of Justice, Imo State. The appellant being dissatisfied with his conviction and sentence, appealed against them to the Court of Appeal, That Court dismissed the appellant’s appeal.This is a further appeal by the appellant against his conviction and sentence.

 

---

HELD

---

That the behaviour of the appellant soon after the offence was committed as given by the prosecution witnesses was not indicative of insanity on the part of the appellant. And it cannot be said that the defence of blackout has been made out by the appellant in view of his first statement to the police on 29/10/82.

 

---

ISSUES

---

Whether the defence of insanity put up by the appellant at the trial court was rightly rejected by that court whose decision was affirmed by Court of Appeal.

 

---

RATIONES DECIDENDI

---

ELEMENTS OF THE DEFENCE OF INSANITY

---

‘1. In order to establish a defence of insanity the defence must prove:-

a) that the accused was, at the relevant time, suffering either from mental disease or from “natural mental infirmity”;

b) that the mental disease, or the natural mental infirmity, as the case may be, was such that, at the relevant time, the accused was, as a result deprived of capacity:

i) to understand what he was doing; or

ii) to control his actions; or

iii) to know that he ought not to do the act or make the omission.’ Per. A.G.O. AGBAJE, JSC.

 

 

---

CASES CITED

---

R. v. Sunday Omoni 12 W.A.C.A. 511 at 512|Dim v. Queen 14 W.A.C.A. 151 at 157|Idowu v. The State (1972) 1 All N.L.R. Part II P.5 at 9|R. v. Inyang 12 W.A.C.A. 384;|R. v. Ashigifuwo 12 W.A.C.A. 389.

 

---

STATUTES REFERRED TO

---

Criminal Code Cap.30 Vol. 2 Laws of Eastern Nigeria|

 

---

CLICK HERE TO READ FULL JUDGMENT