Case No.:

AC-CP-36 1.1960

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code. s. 5 and criminal responsibility Examination after trial

Accused was convicted of murder under Penal Code. S. 251. and sentenced to death. On the basis of evidence in the record, the Chief Justice ordered a psychiatric examination. On the basis of the psychiatric report., accused was found not guilty by reason of insanity and committed to the custody of the Government Representative.

Judgment

 (MAIOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. ADAM MUSA AB HAMAD

AC-CP-36 1.1960

M. A. ,Abu Rannat C. J. March 24. 1962 :—The facts set out in the Summary of Salient Facts are supported by sufficient evidence. On the proved facts, it has been established that the accused struck the deceased

on the head with a heavy stick while the latter was asleep, and thereby caused his death. If the accused was sane, there is no doubt of his intention to cause deceased’s death.

The court found accused guilty of murder. Sentenced  him to and made no recommendation to mercy.

When the case came to me for confirmation, I was assailed with doubts that the accused was not of sound mind, and I therefore ordered that the accused should be examined by the senior psychiatrist.

The evidence showed that the accused did not know the deceased nor was there a real motive for killing him. In his statement the accused stated that he had bought a goat from the animals market at Wagar and that when he went to the market clerk to issue him with a suk paper, the latter insulted him. He added that the suk clerk belonged to Meishab tribe and that he decided to kill any member of deceased’s tribe and there fore he killed the deceased. Neither the police nor the court tested the truth of this queer statement. No investigation was made as to whether the accused in fact purchased a goat at Wagar. nor was any investigation made as to whether a suk clerk insulted him and, if so, whether that clerk belonged to the Meishab tribe. The accused also alleged that he slaughtered the goat at the forest and continued to eat its meat for two days. The accused’s occupation was not known and no attempt was made to trace his relatives, if any, and see whether he was insane or not.

The accused has been put under observation of the senior psychiatrist for examination since January 1961. The psychiatrist made the following report of January 27, 1962:

The following is a summary of my findings:

. 1During the whole year of observation the accused has been reticent, withdrawn and shut-in himself. But on the whole he was quiet, co-operative and manageable.

Although  he has shown no disorder of thinking amounting to frank psychosis (i.e., insanity), his  mental state as a whole is not unlike a person who is in the phase of recovery from a major psychological illness.

. 2Taking the past history of the accused, his irrational behavior and lack of motivation, together with his present mental state, it seems most likely that the accused at the time of committing the crime did not know, because of his disturbed mind, the consequences of his act, and even if he knew it, he was not in a normal mental state to comprehend its legal implications.

.3 The accused is now fit to plead.”

On these findings, I think it is safer to find that accused did not posses

the power of appreciating the nature of his acts. or of controlling them, by reason of mental infirmity.

I therefore alter the finding to read as follows:

" accused. Adam Musa Abu Hamad, did an act, but was at the time  of unsound mind, and it is ordered that ‘the accused be forwarded to the Government representative.”

I further direct that this accused should never be released from custody without referring the matter to this office.