R. v. Matenyanu s/o Nzagula, Crim. Rev/ 112-D-68, 20/9/68, Saidi J.

R. v. Matenyanu s/o Nzagula, Crim. Rev/ 112-D-68, 20/9/68, Saidi J.

Accused was charged with unlawful wounding. The trial magistrate found that accused was of unsound mind after hearing the evidence of the district medical officer. He therefore postponed the proceedings, order accused remanded to prison and referred the matter to the Minister of Justice.

            Held: (1) The magistrate did not apply the proper procedure as specified by section 164 of the Criminal Procedure Code. Under that procedure, the magistrate must first determine whether a case has been made out against accused. If a case has been made out an order should be made that accused be detained in a mental hospital for observation. If the report of the medical hospital for that accused  is incapable of making his defence, the case can be postponed and accused detained (usually in the mental hospital) and the matter referred to the Minister in charge of legal affairs. (2) The High Court may make the appropriate orders in the present case. Case postponed and appropriate orders made.