PERVERT IN COURT

Nelson Evening Mail, Volume LXIV, 31 May 1930, Page 10

PERVERT IN COURT

A MENTAL DEFECTIVE

PERIOD OF DETENTION

(By Telegraph—Proas Associatic n)

AUCKLAND, 29th May

The much-discussed Mental Detectives Amendment Act, 1928, was referred to in (he Supreme Court, when Stanley Alfred Vialoiix, who had pleaded guilty to eight offences against young hoys and girls, was brought before Air Justice J.lerdman for sentence. Air Northcroft. for Vialoux, said that the prisoner had been under observation in the Auckland Mental Hospital. Tho superintendent (Dr. Buchanan) reported that he came within class seven of the, definition of a "mentally defective person" as described by the Act, 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 'that he had no power to send the prisoner to any institution.

Mr Northcroft: "Ho is not merely a person of anti-social habits, but also mentally deficient." His Honour: "But can he be certified?"

Mr Northcroft: "It does seem proper if some suitable machinery |»s 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 in 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: "Tho Act intends that .special provision shall be made for such cases." His Honour: "And that has not been done?"

Mr Northcroft: "That is so. The Act was intended to deal with persons not mentally defective. This man is both mentally and socially defective. It would bo unfortunate if because the State has not gone further and provided special institutions, this man should not have the benefit of treatment."

Mr Meredith, Crown Prosecutor, said tho difficulty was that the same arguments could be used on behalf of a number of offenders. A preferable course would be to impose a term of reformative detention. His Honour said that Dr. Buchanan's report was that the prisoner was mentally weak and sexually perverted, but 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 had decided to impose a sentence of not more than five years' reformative treatment. The Prisons Board, which would have jurisdiction over the prisoner, included Dr. T. G. Gray, a distinguished alienist, and possibly after considering the prisoner's case the board would be able to arrange for the prisoner's transfer to a mental hospital. An order for the suppression of the prisoner's name was refused.