R v FRANK NO 2 [2017] NZHC 2965

R v FRANK NO 2 [2017] NZHC 2965

Given the extreme and unexpected violence of the offence, the defendant's serious mental disorder, the early stage of his forensic treatment, continued vulnerability to decompensation and suicidality, and the clear psychiatric recommendation, detention under s 24(2)(a) as a special patient in a hospital is necessary to protect the public and to provide the intensive, secure, long-term treatment required; therefore the court ordered detention under s 24(2)(a).

Citation
[2017] NZHC 2965
Parties
Prosecution: The Queen; Defendant/prisoner: Simon Harvey Frank
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 December 2017
Procedural Posture
Criminal (mentally Impaired Persons Insanity Acquittal) / Disposition Hearing Under Criminal Procedure (mentally Impaired Persons) Act S 24
Outcome
Order under s 24(2)(a) made: defendant detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.
Legal Topics
Insanity Acquittal, Detention as Special Patient, Section 24 CPMIP Act, Risk Assessment, Compulsory Treatment
Criminal Law Mental Health Law Forensic Psychiatry Insanity Acquittal Detention as Special Patient Section 24 CPMIP Act Risk Assessment Compulsory Treatment

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Parties

The Queen

Prosecution

Simon Harvey Frank

Defendant/prisoner

Procedural Posture

Criminal (mentally Impaired Persons Insanity Acquittal) / Disposition Hearing Under Criminal Procedure (mentally Impaired Persons) Act S 24

Legal Issues

  1. 1 Whether detention under s 24(2)(a) is necessary in the interests of the public
  2. 2 Whether a s 24 hospital special patient order is preferable to disposition under s 25
  3. 3 Whether detention is necessary for effective treatment and to manage suicide and reoffending risk

Ratio Decidendi

Given the extreme and unexpected violence of the offence, the defendant's serious mental disorder, the early stage of his forensic treatment, continued vulnerability to decompensation and suicidality, and the clear psychiatric recommendation, detention under s 24(2)(a) as a special patient in a hospital is necessary to protect the public and to provide the intensive, secure, long-term treatment required; therefore the court ordered detention under s 24(2)(a).

Court Disposition

Order under s 24(2)(a) made: defendant detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Orders

  • Pursuant to s 24(2)(a) Criminal Procedure (Mentally Impaired Persons) Act 2003, Simon Harvey Frank is detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.