ESCAPE ATTEMPT
Conviction Quashed
(N.Z. Press Association)
WELLINGTON, Mar. 11
The Court of Appeal today unanimously upheld an appeal by Daniel Huntwell Macmillan against his conviction for attempting to break out of Mount Eden prison by force.
The Court, in a judgment delivered today by Mr Justice Turner, quashed the conviction and ordered that Macmillan be kept in custody under the Mental Health Act.
Macmillan was convicted in the Supreme Court at Auckland before Mr Justice Hardie Boys in November last year. Mr Justice Turner said counsel for Macmillan was not concerned at the trial to deny the criminality of the acts proved nor the participation of Macmillan in those acts. The defence was insanity and the appeal amounted to reiteration of that defence. The Court jsaid it appeared that appellant was insane at the time of the commission of the alleged offences and that he should have been acquitted by the jury because of his insanity.
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https://paperspast.natlib.govt.nz/newspapers/CHP19660312.2.199
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Press, Volume CV, Issue 31007, 12 March 1966, Page 17
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157ESCAPE ATTEMPT Press, Volume CV, Issue 31007, 12 March 1966, Page 17
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