064-NLR-NLR-V-57-REGINA-v.-S.-A.-PETER.pdf
[Ex the Court of Criminal Appeal] -*1955 Prase.nl:' Pulle, J.- (President), Sansoni, J., and Fernando, J-.HKGJXA v. S. A. PETER
Ait’E.al 47 of 1055 with A itj-i cation 75
S. G. 55—J/. O. Colombo, S,160'
Court of Criminal Appeal—Insanity of prisoner subsequent fo conviction—Adjourn-ment.
Hearing adjourned in view of a report from tho Prison Medical Officeraccording to which (ho appellant, sinco his admission to prison after conviction,was showing symptoms of mental derangement.
Appeal, with application for leave to appeal, against a convictionin a trial before the Supreme Court.
Accused-appellant in person.
V. S. A. Pullenaycgum, Crown Counsel, for the Attorney-General.
Cur. adv. cult.
September 1, 1955. Pulle, J.—
The appellant was indicted on the charge that on the 2nd September,1954, he committed murder by causing the death of one Palatura LiyanageAriyadasa. He was convicted of culpable homicide not amounting tomurder and was sentenced to twelve years’ rigorous imprisonment.He has applied for leave to appeal and has also appealed on certainmatters of law.
When the caso was taken up for hearing the appellant was presentbut was not represented. Wo had before us a report from the PrisonIVIedical Officer according to which the appellant, since his admissionto prison after the conviction, has shown symptoms of mental derange-ment- Ho is dull and apathetic, mutters to himself and is irrelevant,irrational and confused in conversation. His condition is describedas schizophrenia. His immediate removal to a mental hospital wasrecom m ended.
We are for the present satisfied, having regard to the roport and to ananswer given to a question put by the Court, that the appellant is ofunsound mind and is consequently incapable of either conducting his. ovai case or of instructing counsel.
There is nothing in the Court of Criminal Appeal Ordinance, Ho. 23of 1938, nor in the rules mado thereunder which covers the case, nor isthere any precedent of this court to guide us. In the caso of Thomas
Burn* 1 tho Court adjourned tho hearing of an application for leave toappeal sine dir. because tho applicant, after lio was sentenced to a termof imprisonment, had been removed to an asylum under a Home Oflieoorder consequent on a certificate under tho Criminal Lunatics Act, 1SS1.llule SO of tiro Hides made under the Pr isons Ordinanco (Cap. 44) providesfor a procedure to deal with a prisoner suffering from mental derangement. hoard is appointed to report on tho case and its recommendation isgiven effoct to by tho appropriate authority, I presume, making an orderfor the removal of the prisoner to a mental hospital where necessary.
AVc, therefore, adjourn the hearing of this appeal until such time astho court is informed as to whether or not the recommendation of thoMedical Officer that the appellant bo removed to tho Mental Hospital,Aimoda, has been accepted. Upon tho Court being so infoimed, theKegistrar will re-list the appeal and the application.-
Hearing adjourned.
1 (102S) 21 Cr. A. B. 57.