SUDAN GOVERNMENT v. AHMED EL OBEID SAGNAYROUN | The Judiciary - Republic of Sudan

Case No.:

AC-CP-291- 1958

Court:

Major Court Confirmation

Issue No.:

1961

Principles

· Criminal 1.aw—Pena! Code, s. 50 —lnsanity and criminal responsibility—Killing in epileptic fit

Accused killed his step-father while suffering from an epileptic fit. The defence of insanity, Penal Code, s. 50, was raised.
Held: Homicide committed by accused while “ utterly unconscious of his surroundings “ by reason of an epileptic fit is not an offence by reason of Penal Code, s. 50.

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. AHMED EL OBEID SAGNAYROUN

AC-CP-291- 1958

‘M. A. Abu Rannat C September 27, I958 —The facts set out in he Summary of Salient Facts are supported by sufficient evidence.

The accused struck the deceased with an axe on the head, fractured is skull and caused his instant death.

The only point to be considered is whether the accused was at the time of the act of unsound mind.

The deceased was the step-father of the accused. Their relations were good before this incident.

Both the mother of accused and the Sheikh of the village state that the accused was known as insane.

The medical officer in his report on the accused states, inter alia, “ the disease described by accused and his mother, for which he was repeatedly exposed to traditional treatment as a mental state, is most likely epilepsy. However, even when he is in an epileptic fit, he is utterly unconscious of his surroundings even of his committing of a homicidal act.”

The accused murdered his step-father without any apparent cause. His step-father was an old blind man who could not push him or slap him in the face as is alleged by accused. In my view the accused committed the act, but he was not responsible in law for his acts.

I therefore, direct that the prisoner and the proceedings of this case be forwarded to the Governor Blue Nile in accordance with Code of Criminal Procedure, S. 285.

The Governor’s attention is also drawn to Chapter “C” of Criminal Court Circular No. 32 in respect of the action to be taken after ti Confirming Authority’s decision.

Case No.:

AC-CP-291- 1958

Court:

Major Court Confirmation

Issue No.:

1961

Principles

· Criminal 1.aw—Pena! Code, s. 50 —lnsanity and criminal responsibility—Killing in epileptic fit

Accused killed his step-father while suffering from an epileptic fit. The defence of insanity, Penal Code, s. 50, was raised.
Held: Homicide committed by accused while “ utterly unconscious of his surroundings “ by reason of an epileptic fit is not an offence by reason of Penal Code, s. 50.

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. AHMED EL OBEID SAGNAYROUN

AC-CP-291- 1958

‘M. A. Abu Rannat C September 27, I958 —The facts set out in he Summary of Salient Facts are supported by sufficient evidence.

The accused struck the deceased with an axe on the head, fractured is skull and caused his instant death.

The only point to be considered is whether the accused was at the time of the act of unsound mind.

The deceased was the step-father of the accused. Their relations were good before this incident.

Both the mother of accused and the Sheikh of the village state that the accused was known as insane.

The medical officer in his report on the accused states, inter alia, “ the disease described by accused and his mother, for which he was repeatedly exposed to traditional treatment as a mental state, is most likely epilepsy. However, even when he is in an epileptic fit, he is utterly unconscious of his surroundings even of his committing of a homicidal act.”

The accused murdered his step-father without any apparent cause. His step-father was an old blind man who could not push him or slap him in the face as is alleged by accused. In my view the accused committed the act, but he was not responsible in law for his acts.

I therefore, direct that the prisoner and the proceedings of this case be forwarded to the Governor Blue Nile in accordance with Code of Criminal Procedure, S. 285.

The Governor’s attention is also drawn to Chapter “C” of Criminal Court Circular No. 32 in respect of the action to be taken after ti Confirming Authority’s decision.

Case No.:

AC-CP-291- 1958

Court:

Major Court Confirmation

Issue No.:

1961

Principles

· Criminal 1.aw—Pena! Code, s. 50 —lnsanity and criminal responsibility—Killing in epileptic fit

Accused killed his step-father while suffering from an epileptic fit. The defence of insanity, Penal Code, s. 50, was raised.
Held: Homicide committed by accused while “ utterly unconscious of his surroundings “ by reason of an epileptic fit is not an offence by reason of Penal Code, s. 50.

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. AHMED EL OBEID SAGNAYROUN

AC-CP-291- 1958

‘M. A. Abu Rannat C September 27, I958 —The facts set out in he Summary of Salient Facts are supported by sufficient evidence.

The accused struck the deceased with an axe on the head, fractured is skull and caused his instant death.

The only point to be considered is whether the accused was at the time of the act of unsound mind.

The deceased was the step-father of the accused. Their relations were good before this incident.

Both the mother of accused and the Sheikh of the village state that the accused was known as insane.

The medical officer in his report on the accused states, inter alia, “ the disease described by accused and his mother, for which he was repeatedly exposed to traditional treatment as a mental state, is most likely epilepsy. However, even when he is in an epileptic fit, he is utterly unconscious of his surroundings even of his committing of a homicidal act.”

The accused murdered his step-father without any apparent cause. His step-father was an old blind man who could not push him or slap him in the face as is alleged by accused. In my view the accused committed the act, but he was not responsible in law for his acts.

I therefore, direct that the prisoner and the proceedings of this case be forwarded to the Governor Blue Nile in accordance with Code of Criminal Procedure, S. 285.

The Governor’s attention is also drawn to Chapter “C” of Criminal Court Circular No. 32 in respect of the action to be taken after ti Confirming Authority’s decision.