R. v. Hussein s/o Hamza, Dist. Ct Crim. Case 470-Korogwe-67, 23/4/68, Inspection Note by Biron J.

R. v. Hussein s/o Hamza, Dist. Ct Crim. Case 470-Korogwe-67, 23/4/68, Inspection Note by Biron J.

Accused, who was charged with arson, was sent by the trial magistrate for a mental examination, He was found to be of unsound mind, whereupon the record of the case was forwarded to the Minister of Justice.

            Held: (1) Before sending the record to the Minister of Justice, the trial magistrate should have made a finding that the accused is of unsound mind and consequently incapable of making his defence. [Citing Crim. Proc. Code. s. 164(6)] (2) “The court should also …. Before making any finding as to an accused ’s mental condition, consider and rule as to whether a prima facie case against him has been established.” If not, the case should simply be dismissed.