Mental Treatment Act, 1945

Increase of penalty for misdemeanour under section 4 of Criminal Law Amendment Act 1935, in certain cases.

254.—Where—

(a) a person has been convicted on indictment of a misdemeanour under section 4 of the Criminal Law Amendment Act, 1935 (No. 6 of 1935), and

(b) the Judge is satisfied that at the time when the misdemeanour was committed—

(i) such person had the care or charge of the woman or girl in relation to whom the misdemeanour was committed, or

(ii) such person was carrying on a mental institution and such woman or girl was a patient therein, or

(iii) such person was employed as an officer or servant in a mental institution or an institution for the detention of persons of unsound mind and such woman or girl was a patient or prisoner therein,

the said section 4 shall have effect as if it provided that such person should be liable on such conviction to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years.