COURT POWERLESS

Evening Post, Volume CXI, Issue 76, 31 March 1931, Page 7

COURT POWERLESS

CASE FOR GOVERNOR

PLEA OF INSANITY

An application for the reduction of, or the quashing of, the sentence Of five years' hard labour imposed on William Wilkinson for indecent assault was made in the Court of Appeal yesterday afternoon. The appeal was made on the ground of the prisoner's insanity. Mr. Fawectt, 'who appeared for the appellant, said that when Wilkinson was arrested he pleaded guilty before Justices, and was committed to the Supreme Court for sentonce. Eoviewing the appellant's history, ho said that Wilkinson, had enlisted in 1914, and had served two years. After being discharged he went to America, where he enlisted, and h© finished up in a United States voterans' home. Counsel read extracts from letters of the officer in charge of the home, stating that Wilkinson's mental condition had changed but little, that he was still suffering from delusions, and that his condition then was too bad for him to return : to ,New Zealand. Mr. Fawcett stressed the fact that Wilkinson's .mental condition was un-, known to any officials when, he appeared for sentence. '

In delivering the judgment of. the Court, Ms Honour, the Chief Justice (Sir Michael Myers) said that Mr. Fawcett said that the Court had power to order a new trial. Mr. Fawcett relied on section 445 of the Crimea Act, 1908. However, in his Honour's opinion, that section had no application to the case. In .'the Mental, Defectives Act, there was provision for a Judge to direct that a plea of not guilty be entered when, there was evidence that an accused person was insane at the time of- the commission of an offence. Unfortunately, counsel who appeared for Wilkinson when he was before the Supremo Court did not know of the evidence suggesting insanity, and the facts were not /before • the learned Judge as they .were now. If that evidence had been before him; there was no doubt that he would have acted in accordance with the Mental Defec-; tives Act. The power ■ conferred by that section' of the Mental Defectives Act could only be used in the circumstances' and at the time to which, the section applied. 'It was too late now to make any application under that section of the Mental Defectives Act.; There, was;a, course still open to the accused, and that was to make an j application under section 447 of the Crimes Act.: • "

"It is not for this Court to express any definite' opinion as to what the Governor-in-Council ought to do," said his Honour, I have no doubt that the Governor-in-Council will, in. considering tho matter, not overlook the fact that if the >£ acts had been known at; the time- when the accused was arraigned? for sentence he would have had tho. opportunity of a trial. He may oven ■ accept that statement, because it' is intended for such, as a reco in tnendation.''

His Honour Mr. Justice Smith, before •whom the prisoner was sentenced, said he had no doubt that if the facts before the Court of '■ Appeal -had been before the other Court, the plea of guilty would have been withdrawn, and he would have directed the prisoner to be tried on a plea of not guilty.