psychiatrist while under medication.

Magistrate Archibald Warner actually sucked his teeth and shook his head when he was told Jocelle June Smith was a full-time patient at St. Brendan's Hospital when she hit and kicked Gail Boynton on July 23.

Smith, 35, pleaded guilty to assaulting Dr. Boynton yesterday. But Mr. Warner let her go, saying: "I'm sure every time they don't bring them into courts if there is a fight in that hospital.'' Smith was escorted to and from the court by two nurses yesterday. Crown counsel Leighton Rochester was the prosecutor.

"Section 63 of the Criminal Code tells me where I am of the view,'' Mr.

Warner said, "after conviction for a charge not punishable by death I can order an absolute discharge.'' To laughter around the court, Mr. Warner added: "You're not charging her with murder or something like that, are you Mr. Rochester? It's common assault.'' Mr. Warner had heard Dr. Boynton was on duty at Somers Ward around 1.30 p.m.

that day when she was approached by Smith who shouted "get off my case''.

She threw a container at Dr. Boynton, striking her in the chest with a binder, kicked her in the leg, and punched her in the face. The doctor suffered bruises to one side of her face and a leg.

"I do want to hear mitigation,'' Mr. Warner said. "But what is this doing before the court? That's my only comment.'' Kevin Bean, yesterday's duty counsel said he also did not understand the need to charge Smith.

"She was under medication, mind altering drugs had been administered. Albeit there is a report that she was sane at the time,'' Mr. Bean added.

Mr. Warner took a quick look at Smith, then said: "She didn't have control.

She was under medication, adding "This country sorely needs a Director of Public Prosecutions.''