Court of Appeal Wellington
30 March 1931
Myers CJ; Reed J; Adams J; Smith J
30 March 1931
Myers CJ; Reed J; Adams J; Smith J
Criminal Law — Appeal against Sentence — Prisoner pleading "Guilty" — Evidence of his being Legally Insane at Time Offence committed — Fact of Insanity not known to Counsel and the Court when Sentence passed — Whether Jurisdiction to quash the Conviction and order New Trial — Whether Plea of "Not Guilty" can be recorded instead of Plea of "Guilty" after Sentence passed — Mercy of the Crown — Statement by the Court intended as Recommendation to Governor General in Council — Crimes Act, 1908, ss 445, 447 — Crimes Amendment Act, 1920, s 2 (1), (2) — Mental Defectives Act, 1911, s 33 (1).
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