UNUSUAL CASE.

Taranaki Daily News, 17 November 1921, Page 4

UNUSUAL CASE.

POINTS FOR APPEAL COURT. By Telegrnph—l’resa Afisoclatinn. Christchurch, Last Night. At the Supreme Court to-night, John Legnard was charged with unlawfully carnally knowing a female inmate of the Sunnyside mental hospital, being an offence under the Mental Defective’s Act. The Crown’s case was that on December 25, 1920, accused visited his wife at Sunnyside and was allowed to take her for a walk in the grounds, when he had intercourse with her. On September 21, 1921, the woman had given birth to a child. Counsel for the defence moved to quash the indictment under section 399 of the Crimes Act on the ground that there was no crime disclosed in the indictment. The section under which the prosecution was laid applied to patients not only in mental hospitals, but outside such institutions if the patieqts were under the oversight of mental hospital authorities. A further argument was that the law would make it criminal to consummate a marriage. He also submitted that there was no eugenic principle suggested in the Act. The provision Was intended for the protection of the inmates. His honor Mr. Justice Adame reserved the points for the consideration of the Court of Appeal. The jury found accused guilty “with a strong recommendation to mercy, as we believe that the act was committed through ignorance of the law and also the laxity of the authorities in not warning the man at the flmp of his visit, or when he wad allowed to go out with his wife.” Accused was admitted to bail on his own recognisance, to be surrendered at the criminal sessions held following the next sitting of the Court of Appeal.