STRANGE CASE.

Star (Christchurch), Volume LXVI, Issue 20603, 2 May 1935, Page 9

STRANGE CASE.

THE COURTS

Judge Orders Plea to be Changed. QUESTION OF MAN’S SANITY. An unusual case came before the Supreme Court this morning when Mr Justice Johnston was sentencing prisoners. One prisoner had pleaded guilty in the lower Court to an indecent assault charge, but, on being convinced this morning that the prisoner was congenitally insane, his Honor ordered that the plea should be changed to one of not guilty so that the accused might stand trial before a jury at the next criminal sessions. In the event of the jury ruling that prisoner was insane at the time of the alleged offence, he will then be detained pending the pleasure of the Alinister of Justice. Mr Russell appeared for the prisoner. , ,

Air Brown, who prosecuted, said that the prisoner was apparently insane at the time of the offence. He had been an inmate for some time at the Sunnyside Alental Hospital. He had pleaded guilty in the lower Court, but the case was one in which action might be taken under section 33 of the Mental Defectives Act. If his Honor would alter the record to a plea of not guilty, prisoner could be brought before a jury, and other provisions of the Act could be employed. Dr A. C. M’Killop, superintendent of the Sunnyside Alental Hospital, said that the prisoner had been in the institution since August. He was a congenital imbecile. His age was 32 years, and his mentality was that of a child of eight. The condition of his mind must have been the same always. “ Would his condition at the time.” asked Air Brown, “be such that he did not know the nature and quality of his act?”

“ It would,” replied witness. “ I am quite satisfied.” said his Honor. “ I direct that a plea of not guilty be entered in place of the one of guilty. Prisoner will come up for trial at the next sessions.”

On Air Russell’s application the prisoner’s name was suppressed.