R v Porter [1933] HCA 1

182 HIGH COURT (1936.

'e sat These circumstances are sufficient to justify the exercise of the 6. "~~ Court's discretion to hear the petition, notwithstanding the lapse Moss —_ of time since the decree absolute, in the appellant's favour.

Moss. The appeal should be allowed.

Appeal allowed. Order of the Supreme Court of Queensland of 2nd August 1935 set aside, and in liew thereof it is ordered that the appellant, the plaintiff in the proceedings before the Supreme Court, be at liberty to file a petition in the Supreme Court for permanent maintenance. The respondent will pay the costs of this appeal and the costs in the Supreme Court.

Solicitors for the appellant, Carruthers, Hunter & Co. Solicitors for the respondent, McLachlan, Westgarth & Co.

Ay Mohact en Were ee Relate Fe J.B. me leDermout Caren 27. XCrimie 466 yaa Gas ert SK 25] (HIGH COURT OF AUSTRALIA.] THE KING AGAINST PORTER. H.C. or A, Criminal Law—Insanity—Lemporary—Charge of murder. 1933. Charge to the jury upon a plea of temporary insanity set up to an indictment ae for murder. CANBERRA, ae ne Triax on Indictment. naps On 31st January and Ist February 1933 (before the passing of the

Seat of Government Supreme Court Act 1933) Bertram Edward Porter was tried on indictment for murder at Canberra before Dizon J. sitting in the original jurisdiction of the High Court under sec. 308 of the Judiciary Act 1903-1932.

55 C.L.R.] OF AUSTRALIA.

It appeared that the prisoner had administered strychnine to H-C. oF A.

his infant son aged eleven months and had then attempted to take strychnine himself but had been interrupted by the entry of the police. The child died, and this was the murder with which he was charged. His defence was that he was insane at the time he committed the act.

The facts set up in support of the defence were briefly as follows :— After a period of separation from his wife during which he looked after the child, he had made desperate but unsuccessful efforts to effect a reconciliation. He became extremely emotional and showed symptoms of a nervous breakdown. He was sleepless, and took quantities of aspirin, phenacetin and caffein. He then travelled with the child from Canberra to Sydney in circumstances which made. it probable that he was without sleep for three nights. On his return he had a final interview with his wife, in which he appeared to have lost all control of his emotions. On her refusing to have anything to do with him or the child, he told her he would poison himself and the child and hastened away to obtain the strychnine. She informed the police, who found him shut in his house, sobbing. He had just given the strychnine to the child and was about to take it himself.