COURT OF-APPEAL

Dominion, Volume 12, Issue 249, 15 July 1919, Page 7

COURT OF-APPEAL

. PECULIAR CASE ; PRISONER'S ESCAPE FROM CUSTODY . A question of law reserved by His Honour Mr. Juetico Cooper, under section 4-12 of tho Crimc3 Act, 1508, came before the Court of Appeal yesterday morning. On tho bench woro llis Honour tho Chief Justic'o : (Sir Robert Stout), Mr. Justico Cooper, and Mr. Justico Hord•man. . .. ; The case was that of the King v. Victor Rupert Anderson. The - latter was in legal custody on a charge of stealing .a horse, trap, and harness at Tolaga Bay, •valued at X 39, the property Mark Barber, and did escanp from-such custody at Hamilton,oll March 10 last. : -. The following facts were proved at tho trial of the -prisoner on June 12, before His Honour Mr. Justico Cooper:—A warrant iv-as • issued for tho arrest, of the prisoner on tho charge of theft, and the warrant was esecutM on February 10, tho prisoner then being in the -Wiukato Hospital, Hamilton. The prisoner was taken before the Magistrate at Hapiil-. ton on the day of his arrest,-and was-re-manded to. Gisborno, boil being allowed,; but not- obtained. Tlie remand was is-; siiod'under scction 141:' of 'tho Justices of ■the "Peace Act, 1908, and a warrant was issued authorising' «v constable to convey tho prisoner to tho Auckland Prison. He. Was taken to tho police cells at Hamilton, and while in custody'nhder such warrant, and ,-boforo ho could bo taken to Auckland, ho'was fouaid to be in a fit in tho. "coll at.Hamilton, and was removed to tho Waikafo -'Hospital. No order was made under the "Prisons Act, 1908, for his' re-.moval'to-.tho hospital, where he remain•ed iintil March 10. In the' meantime t]ie prisoner 'was remanded-' from ■ week ■ to week until Haroli 10. On that date the prisoner "was considered fit to be discharged from hospital. Hp to that date he was practically '"treated as a 'bed', •patient, and his clothes tvero kept from Mm. On March 10 a eonstablo was sent to the hospital to take chargo of the prisoner, but the latter could , not be found. He had boen given his' clothes by a mirse,-and he dressed and left the hospital without tho knowledge of the hospital authorities. On May 30 he was .arrested, at Makura, about 20 miles from Morrinsville, on tho charge of escaping from lawful custody. ■; . Tho question submitted to the Court of Appeal was .whether the prisoner' was in lawful custody.'within the meaning of section 143 of the Crimes Act, 1903, whenon March 10 ho left the hospital. The Solicitor-General, Sir John 'Salmond, K.C., argued the case for the Crown, and the Court was 1 unanimously of opinion that the prisoner was in legal custody when he escaped from tho hospital, and that therefore hia conviction must stand.