LUNATIC’S CHILD.

Hokitika Guardian, 17 November 1921, Page 1

LUNATIC’S CHILD.

KATHEK CHADDED [IIY TUUKIiIiAI’U —l*Klt IMIESS ASSOCIATION | CHIiESTCHKUCII, Nov. (i. At the Supreme Court to-night. John Deonatd was charged with unlawfully carnally knowing a. female inmate of the Snniivsido Mental Hospital, being till offence under tile Mental Defectives Act. The Crown’s case was that, on December 2d, 102(1. accused visited bis wife at Sumiyside. and was allowed to take her for it walk in the grounds when lie had intercourse with her. (In September 21st.. 1021. the women had given hirtli to a child. Counsel for tie 1 defence moved to 'plash the indictment, iindcl section • 100 of the Crimes Act. on tin- giound that there was no crime disclosed in the indictment. The section under "liieh the pi os.-, utioii was laid, he said, applied to patient: lint only ill nu ntal hospitals. Ini outside Midi inclinations. if the | :11 ell is Were miller the oversight ih mental ho,.pit.it :c-

ihiuilh's. \ inrilc'l- argument was that t-ho law would make ii criminal to eonsiimmatc a marriage. Counsel also .submitted I hat thi;i»* was no eugenic prim 11 >I■ • -.oggiM.d in the Act. The provision vas inl'inlii] for the protection of the inmate. Ill’s Honour, Justice Adams, iiscrv I the points raised for consideration by the Court of Appeal. The Jury found the accused guilty, hut '‘with a. strong recommendation, to mercy, as we believe that the act was committed tlinumh ignoranw the law. and also through la itx ~f the ■' lit iii'i’it ii" in not warniiig tin* mill at (he time fl.o , , it f.*r 111 n lie was allowed to go out with his wife.” Tim aecnsci! was admitted bail on his own recognisance to surrender.