31/10/1949

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs WALTER HAIN

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"STRICT CUSTODY" - APPEAL - ART 619 AND 425 OF THE CRIMINAL LAWS - MENTAL INSANITY

It is quite in order for the Magistrate to appoint medical experts and to remit the accused to teh Hospital for Mental Diseases, to be kept there under onservation, when iti s submitted by the Policethat tehre are reasonable grounds to believe tha the accused was insane at teh time of the commission of the crime. But is is only when the person accsued is definitely found to be of unsound mind, that the Court orders the accsued to be kept, not merely under observation, but under 'strict custody". But apart from the above, an appeal from such and order is admissible only when teh order is given by the Court of Magistrate sitting as a Court of Criminal Judicature, and not whent he Court is sitting as a Court of Criminal Enquiry. In this latter case no appeal lies from such an order.