SERIES OF OFFENCES.

Press, Volume LXVI, Issue 19941, 30 May 1930, Page 12

SERIES OF OFFENCES.

MENTAL DEFECTIVE SENTENCED

(»ua issocmiov tilegiax.) AUCKLAND, May 29. Tlie much-discussed Mental Defectives Amendment Act, 1928, was referred to in tho Supreme Court, when Stanley Alfred Vialoux, who had pleaded guilty to eight offences against young boys and girls, was brought before Mr Justice Herdman for sentence. Mr Northcroft, for Vialoux, said prisoner had been under observation in the Auckland Mental Hospital. The superintendent, Dr. Buchanan, reported that he came within class seven of tho definition of a "mentally defective person" as described by tho Act of 1928, namely, persons socially defective, that is persons who suffer from mental deficiency associated with anti-social conduct and who by reason of such deficiency require supervision for their own protection or in the public interest. . His Honour said he haa no power to send prisoner to any institution. • Mr Northcroft: He is not merely a person of anti-social habits, but also mentally deficient. His Honour: But can he bo certified?

Mr Northcroft: It does seem propor if some suitable machinery is being devised to deal with such cases that this man should not be treated as an ordinary criminal. His relatives wish him to be placed iu an institution, so that he may not repeat the offences. His Honour: I may say that in many such cases the accused's mental equipment is not what it ought to be. Mr Northcroft: The Act intends that 'special provision shall be made for such eaft.es.

His-Honour: And that ha 3 not been dilno ?

.'Mr Northcroft: That is bo. The. Act was intended to deal with persons not mentally defective. Tin's man is both mentally and socially defective. It would l«3 unfortunate if. because the State has not gone further and provided special institutions this man should not have tho benefit of treatment.

Mr Meredith (Crown Pros&cutor) said the difficulty was that the same arguments could be used on behalf of a number of offenders. The better courso would bo to impose a term of reformative detention.

His Honour said Dr. Buchanan's report .indicated that prisonera was. not so mentally weak that two doctors could-certify him as insane. The case was like many in,the past. With the concurrence of the Probation Officer he hod. decided to iinpose a sentence of not more than five vears'. reformative treatment. The Prisons Board which would have jurisdiction over prisoner included I?r T. G. Gray, a . distinguished alienist, and possihlv after con--srdcnng his case it would'be- able to arrange for his transfer to.a mental hospital. . . . '

' An order for suppression of prisoner's name was refused.