Rex v Magayi (Criminal Appeal No. 102/1935.) [1935] EACA 132 (1 January 1935)

## COURT OF APPEAL FOR EASTERN AFRICA.

## Before SIR JOSEPH SHERIDAN, C. J. (Kenya); ABRAHAMS, C. J. (Tanganyika); and FRETZ, Ag. C. J. (Zanzibar).

## REX, Respondent (Original Prosecutor)

MALEWO WA MAGAYI, Appellant (Original Accused) Criminal Appeal No. 102/1935.

Criminal Law—Insanity.

(The case is reported because of the observations of the Court with reference to the desirability of inquiries by the police in cases where there is any reason to suspect insanity.)

Appellant absent unrepresented.

Furness-Smith (Solicitor-General, Tanganyika), for the Crown.

JUDGMENT.—In this case the evidence supports the convicton. As in other cases before the present Session of the Court while the evidence does not support the defence of legal insanity, it suggests an abnormal state of mind on the part of the appellant which we venture to think may well be considered by the Governor in Council. There was a complete absence of motive so far as the record shows; indeed the crme would appear to have been committed at or about the time when the deceased woman was showing solicitude for her husband who was ill. The accused was ably defended by Mr. Willis but where a defence rests upon insanity it must be obvious that however able and industrious counsel may be his task is well nigh insuperable in the absence of information as to the previous history of his client and his client's family.

We would therefore suggest for the consideration of Government the desirability of police officers and others investigating cases of grave crime where there is reason to suspect insanity, being instructed to collect all such data as may be available of the previous history of the prisoner and his family. A medical observation at the earliest opportunity would also be desirable. Though the information obtained may not be relevant as evidence in Court, yet it may prove of much assistance in the consideration of the case by the Governor in Council. A similar suggestion has been made by the Chief Justice of Kenya to the Kenya Government. The appeal is dismissed.