R. v. Elieza Sangwa, Crim. Rev. -/D/68, 16/3/68, Biron J.

R. v. Elieza Sangwa, Crim. Rev. -/D/68, 16/3/68, Biron J.

Accused was charged with failing to comply to with the conditions of a removal order. After the close of the prosecution case, the prosecution stated that accused was a recluse, and the trial magistrate noted in the record that accused appeared to be of unsound mind. On the basis of accused ’s conduct it was ordered that he be detained in safe custody, and a copy of the order was sent to the Second Vice-President. No medical examination was carried out.

Held: (1) Criminal Procedure Code sections 164(3) (4) and (5) provide that if at the close of the prosecution case it appears that a charge has been made out, the court should inquire into the fact of unsoundness of mind and may order that accused be detained for the purpose of a medical examination or that bail be granted on condition that accused submit to such an examination. If, after considering the medical report and other evidence the court is of the option that the accused is of unsound mind and is incapable of making a defence, it shall order that accused be detained in safe custody and transmit a copy of the order to the Minister. (2) Pursuant to these provisions, a medical report is a condition precedent to an order of detainment. The order in the present case was thus ultra vires. The High Court ordered that accused be medically examined as to his mental condition and that the case then the remanded to the trial court.