THE WAKING TRAGEDY

Hokitika Guardian, 5 March 1924, Page 3

THE WAKING TRAGEDY

HIGGINS’ SENTENCE. THE COUNCIL’S DECISION. [UY TKLElilUPtl—l’Kll Pit ESS ASSOCIATION, j WELLINGTON. March 4 This morning’s meeting nl the Executive Council, over which the Gover-nor-Genera! presided, decided to commote the death penalty imposed on John Christopher Higgins, for the M'nikino school murders, to imprison-

input for lIIt-. The ground for the decision was that it, that lliggins was from a medical point of view, insane when lie committed the murders. Alter the Executive had met. I lie Minister of Justice stated that all of the doctors agreed that Higgins was suffering from chronic delusional insanity, the only inference being Hint the alienists called by the Crown nt the trial wore of the opinion that the insanity had not gone so far as C> prevent Higgins from knowing the nature and quality of his act. It, will he a matter for consideration l, v the authorities as to whether Hig-

gins will he confined in prison or a mental hospital. In coming to its decision, the Executive gave consideration to an important report made in November, 1 qpd, hy a Committee set up by the, Cord Chancellor in Britain to report on the question of insanity and crime. In considering the difference between what might be called legal and mental insanity, the Executive paid particular attention to the following linding "f the English committee “It should. he recognise! that a person charged criminally with an offence is not responsible for his act when the net is committed under an impulse which the prisoner was by mental disease, in substance,

deprived of any power to resist. ’ in dealing with the powers of tlm Home Secretary to exercise the prerogative of mercy in murder cases, the English committee pointed out tlnn legislation might lie required in Britain to bring the rule which it suggested into effect. New Zealand lias always followed the English practice m offences involving the capital penalty, but in the ease of Higgins, the Executive has taken into account the rule laid down hy the English committee which, in effect, means that if murder is committed under an uncontrollable impulse which the murderer cannot insist, owing to mental disease, the person is not responsible for his crime, and can escape being hanged.