Rex V. Lewis Wangara (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Murder—Insanity—-Onus of proof and degree thereof required—Criminal Code s. 52 Criminal Procedure Code, s.130.

Facts

Defendant was convicted by a jury of murder and appealed on the ground that the jury were not directed as to the sufficiency of the evidence before the Court to sustain the defence of insanity, his proposition being that though proof of the defence of insanity was required, any evidence raising a doubt as to his sanity was sufficient to entitle him to its benefit.

Held

that the burden of proof on the prisoner to establish the defence of insanity is not so heavy as the burden on the prosecution to establish his guilt, and may be taken to be not higher than the burden on a party in civil proceedings.

Held also : that the evidence on the defence of insanity bad been adequately drawn to the jury’s attention but had been inadequate to satisfy that test.

The jury on the evidence before them, in our opinion, rightly convicted the appellant and this appeal must therefore be dismissed.