Rex V. Edem Udo Inyang (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Murder—Defence of Insanity—Absence of Motive—Histor► and behaviourof accused before the crime—Statements made thereafter—Evidence—Mis-direction.

Facts

The appellant, on his trial for murder, pleaded insanity. The first statements which he made when charged were less coherent than those which he made at later dates.

There was evidence that at the age of twenty appellant developed signs of mental disease, that his mother and father were not mentally sound, and that both before and after the crime he behaved in an abnormal manner. The appellant was convicted of murder.

Held

That the trial judge misdirected himself on the question of insanity at the time of commission of the crime.
Per curiam: (1) Absence of motive, by itself ii not a 7.:..fitcient ground upon which to infer maiiia. viiliere there is as much evidence inaicative of insanity rather than the opposite, there was in the, ease, the absence of any evidence of motive may become relevant to the point at issue, and material to it.
(2) Evidence of insanity of ancestors or blood relations is admissible. Medical evidence is not essential.

Appeal allowed and verdict of guilty but insane substituted.