SARKODEE-ADDO J.S.C.
At the trial of the accused for murder, the trial judge directed the jury “as to the law relating to a defect of reason arising from drunkenness.” In so doing he set out the principles governing the defence of drunkenness under the English criminal law and in particular dealt exhaustively with the case of Director of Public Prosecutions v. Arthur Beard [1920] A.C. 479, H.L. and concluded thus: “You must now apply the facts to these principles and ask yourselves whether in your opinion the accused intended to harm Sarfo when he used the knife on him. You may have no difficulty in finding that he knew what he was doing.” There was no reference whatsoever to the criminal liability of an intoxicated person under our law as specifically provided by the Criminal Code, 1960 (Act 29), section 28.
Upon principle as well as upon authority the learned trial judge erred in relying on English criminal law and not the elaborate provisions in the Criminal Code relating to intoxic…