“UNCONTROLLABLE ACTION.”
Auckland, June 7. “The uncontrollable action of the subconscious mind” was pleaded as a defence by Alfred Hill (Mr Hampson), who was charged in the-Sup-remo Court, before Mr Justice Chapman and a jury, with having, at Te Puke, on Ist May, indecently assaulted a hoy of nine years. The Hon. J. A. Tolc, K.C., for the Crown, in the course of the proceedings, pointed out that in, the Thaw ease in America the “brain storm” and the “unwritten law” were pleaded, and now there 'was this now defence, with special application to returned soldiers. The jury had to be guarded against the introduction of new theories with regard to these men/ They had, everybody’s gratitude, but they could not have special privileges in the administration of the criminal law.
His Honour, in summing up, said lhat the legal terminology of the defence was that accused was insane in law. Where a crime was committed only imbecility or “disease,of the mind’’ to such an .extent as to render accused incapable of understanding the nature and quality of Ids act would excuse him.
The jury, after an hour’s deliberation, found the prisoner guilty. The passing'of sentence was deferred.
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Manawatu Herald, Volume XLII, Issue 2138, 10 June 1920, Page 3
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198“UNCONTROLLABLE ACTION.” Manawatu Herald, Volume XLII, Issue 2138, 10 June 1920, Page 3
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