State (M) v O'Brien

• Jurisdiction: Ireland
• Judgment Date: 01 January 1972
• Date: 01 January 1972
• Docket Number: [1969. No. 301 SS.]
• Court: Supreme Court

The State (M.) v. O'Brien

THE STATE (at the Prosecution of M.)

and

EVELEEN O'BRIEN

[1969. No. 301 SS.]

Supreme Court

District Court - Sitting - Mental hospital - Indictable offence - Accused unfit to plead - Certificate of District Justice - Criminal law - Offence - Breaking and entering with intent to commit a felony - Statute - Interpretation - Authorisation of medical officer - District Court Rules, 1948 (S.R. & O. No.431 of 1947), rr. 24, 44 - Larceny Act, 1916 (6 & 7 Geo. 5, c. 11),s. 25 - Mental Treatment Act, 1945 (No. 19), s. 207 - Mental Treatment Act, 1953 (No. 35), s. 3.

Where a person detained in a district mental hospital "is charged"with an indictable offence before a District Justice sitting in such hospital, the provisions of s. 207, sub-s. 1, of the Mental Treatment Act, 1945, enable the Justice by his order to certify that such person is suitable for transfer to the Central Mental Hospital, provided that evidence has been given which, in the opinion of the Justice, constitutes prima facie evidence that such person "has committed the offence" and that he would be unfit to plead, if placed on trial. At an ordinary sitting of the District Court on the 1st February, 1966, the prosecutor was charged (as defendant) with having broken and entered a certain dwellinghouse "with intent to commit a felony therein" contrary to s. 25(1) of the Larceny Act, 1916. The further hearing of the complaint was adjourned to the 18th February at a district mental hospital in which the prosecutor was then detained on remand. At the resumed hearing on the 18th February at a special sitting of the District Court in the district mental hospital, the District Justice made an order certifying that the prosecutor was suitable for transfer to the Central Mental Hospital, and the prosecutor was transferred to that hospital by the authority of an order of the Minister for Health. The High Court refused an application by the prosecutor for an order of habeas corpus and, on appeal by the prosecutor, it was

Held by the Supreme Court ( Ó Dálaigh ó dálaigh C.J., Walsh, Budd, FitzGerald and McLoughlin JJ.), in allowing the appeal, 1, that a mental hospital authority may confer authority on a medical officer pursuant to s. 3 of the Mental Treatment Act, 1953, by conferring the relevant authority in general terms on a class of medical officers, as distinct from conferring the relevant authority on a named individual.

2. That the provisions of s. 207, sub-s. 1, of the Mental Treatment Act, 1945, which apply to the situation where a person "is charged"with an indictable offence before a District Justice of the District Court sitting in a district mental hospital, also apply to a situation where a person stands so charged before such District Justice, having been formerly and duly charged elsewhere.

3. That an order of a District Justice constituting a certificate in accordance with s. 207, sub-s. 1, of the Act of 1945 need not state that the accused was a detained person or that he had been charged, and need not invoke the said section or Act.

4. (FitzGerald and McLoughlin JJ. dissenting) That a District Justice has no jurisdiction to make an order under s. 207, sub-s. 1, of the Act of 1945 in respect of an accused who is charged with breaking and entering a dwellinghouse "with intent to commit a felony therein" because, since the charge failed to specify a particular felony, it was impossible for the District Justice to form the necessary opinion that the evidence given constituted prima facie evidence that the accused had committed "the offence"; and that the order of the Minister for Health, being dependent upon the validity of the order of the District Justice, also failed.

Habeas Corpus.

The prosecutor was born on the 27th December, 1947. On the 5th June, 1963, he was transferred from St. Brendan's Hospital, Grangegorman, to St. Ita's Hospital, Portrane, which he entered as a voluntary patient. On the 17th September, 1965, an order was made pursuant to s. 184 of the Mental Treatment Act, 1945, directing that the prosecutor be received and detained in St. Ita's Hospital as a temporary patient; the period of such detention was extended pursuant to s. 189 of the Act of 1945 to the 16th September, 1966. At a sitting of the District Court at Swords, County Dublin, on the 1st February, 1966, the prosecutor was charged with having broken and entered a certain dwellinghouse burglariously in the night of the 13th December, 1965, with intent to commit a felony therein contrary to s. 25(1) of the Larceny Act, 1916. The further hearing of the complaint was adjourned by the District Justice to the 18th February at St. Ita's Hospital and he directed that the prosecutor be placed on remand in that hospital until that date. On the 18th February the District Justice, sitting in St. Ita's Hospital, made an order which certified in accordance with s. 207, sub-s. 1, of the Act of 1945. On the 30th June, 1966, the Minister for Health made an order pursuant to s. 207, sub-s. 2(c), of the Act of 1945 directing that the prosecutor be transferred to the Central Mental Hospital.

On the 27th October, 1969, the High Court (Henchy J.), on the application of the prosecutor, directed the Governor of the Central Mental Hospital, the respondent, to produce the body of the prosecutor before the High Court and to certify in writing the grounds of his detention. The respondent's certificate stated that the prosecutor was being detained on the authority of the said orders of the District Justice and of the Minister for Health. Having enquired into the matter, the High Court (Henchy J.) on the 3rd November, 1969, refused to order the release of the prosecutor, and he then appealed to the Supreme Court.

On the 22nd December, 1953, the manager of the Grangegorman Mental Hospital Board made the following order:— "Having considered the above report . . . I hereby order that the powers and duties under sections 184 and 185 of the Mental Treatment Act, 1945, of the person in charge of Grangegorman District Mental Hospital may be exercised or performed by the following medical officers of the institution who are hereby authorised in that behalf, viz.:— The permanent assistant medical officers of the institution and any other doctor for the time being acting in the place of any of them." St. Ita's Hospital is treated as part of Grangegorman District Mental Hospital. Section 3, sub-s. 1, of the Mental Treatment Act, 1953, enacts1 that:— "A power or duty under the Principal Act of the resident medical superintendent, the chief medical officer or the person in charge of a district mental hospital may be exercised or performed by any other medical officer of the institution authorised in that behalf by the mental hospital authority maintaining the institution." The Act of 1953 defines "the Principal Act" as being the Act of 1945.

Section 207 of the Act of 1945 provides as follows:—

"(1) Where—

• (a) a person detained in a district mental hospital or other institution maintained by a mental hospital authority is charged with an indictable offence before a justice of the District Court sitting in such district mental hospital or other institution, and

• (b) evidence is given which, in the opinion of the justice, constitutes prima facie evidence—

  • (i) that such person has committed the offence, and

  • (ii) that he would, if placed on trial, be unfit to plead,

the justice shall by order certify that such person is suitable for transfer to the Dundrum Central Criminal Lunatic

Asylum2 and shall cause copies of such order to be sent to the Minister and to the person in charge of such district mental hospital or other institution.

(2) Where an order is made under sub-section (1) of this section in relation to a person detained in a district mental hospital or other institution—

• (a) such person shall be retained in such district mental hospital or other institution and his detention therein shall be continued subject to any order which may be made under this sub-section,

• (b) the Minister shall require the Inspector of Mental Hospitals to visit such person and to make a report on his mental condition to the Minister,

• (c) after consideration of the report of the Inspector of Mental Hospitals, the Minister may, if he so thinks fit, by order direct and authorise the transfer of such person to the Dundrum Central Criminal Lunatic Asylum . . .

(3) The Minister may by order direct and authorise the sending back of a person transferred under an order made under sub-section (2) of this section to the district mental hospital or other institution from which he was transferred . . .

(4) Where the resident governor and physician of the Dundrum Central Criminal Lunatic Asylum and the Inspector of Mental Hospitals agree and certify that a person transferred under an order made under sub-section (2) of this section has ceased to be of unsound mind, the said governor and physician shall discharge such person and, where necessary, pay to him the expenses of his travelling to his home."

Cur. adv. vult.

Ó Dalaigh C.J. ó dalaigh :—

This is an appeal by the prosecutor against an order of the High Court, dated the 3rd November, 1969, refusing an application brought by him for an order of habeas corpus. The prosecutor's object was to procure his release from the Central Mental Hospital, Dundrum, where he has been detained as a patient by virtue of an order of the Minister for Health (dated the 30th June, 1966, and made pursuant to s. 207 of the Mental Treatment Act, 1945) transferring the prosecutor from St. Ita's Hospital, Portrane, to the Central Mental Hospital. On the date of the Minister's order the prosecutor was a temporary and chargeable patient in St. Ita's Hospital on foot of a reception and detention order which had been made on the 17th September, 1965 (pursuant to s. 184 of the Act of 1945) and subsequently extended to the 16th...