R v K [2020] NZHC 646

R v K [2020] NZHC 646

On the evidence the defendant met the statutory test for insanity under Crimes Act s 23 at the time of the offending; accordingly the court records a finding of not guilty on account of insanity and remands the defendant to the Mason Clinic for s 23 CPMIP inquiries by two health assessors (one a psychiatrist) to determine appropriate disposition under ss 24 or 25, to be completed within 30 days.

Citation
[2020] NZHC 646
Parties
Prosecution: The Queen; Defendant: K
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 March 2020
Procedural Posture
Criminal Mentally Impaired Persons / Insanity / Finding of Not Guilty by Reason of Insanity; Remand for S 23 CPMIP Inquiries
Outcome
Finding: Not guilty on account of insanity; defendant remanded to Mason Clinic for s 23 CPMIP inquiries
Legal Topics
Insanity, Fitness to Stand Trial, Remand for Psychiatric Assessment, Criminal Procedure (mentally Impaired Persons) Act 2003 S23 Inquiries, Disposition Under Ss24 and 25 CPMIP
Criminal Law Mental Health Law Procedural Law Insanity Fitness to Stand Trial Remand for Psychiatric Assessment Criminal Procedure (mentally Impaired Persons) Act 2003 S23 Inquiries Disposition Under Ss24 and 25 CPMIP

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Parties

The Queen

Prosecution

K

Defendant

Procedural Posture

Criminal Mentally Impaired Persons / Insanity / Finding of Not Guilty by Reason of Insanity; Remand for S 23 CPMIP Inquiries

Legal Issues

  1. 1 Whether the defendant was legally insane at the time of the offending
  2. 2 Whether the only reasonable verdict is not guilty on account of insanity under CPMIP
  3. 3 Appropriate mechanism and timeframe for psychiatric inquiries and report under s23 CPMIP

Ratio Decidendi

On the evidence the defendant met the statutory test for insanity under Crimes Act s 23 at the time of the offending; accordingly the court records a finding of not guilty on account of insanity and remands the defendant to the Mason Clinic for s 23 CPMIP inquiries by two health assessors (one a psychiatrist) to determine appropriate disposition under ss 24 or 25, to be completed within 30 days.

Court Disposition

Finding: Not guilty on account of insanity; defendant remanded to Mason Clinic for s 23 CPMIP inquiries

Orders

  • Remand defendant to Mason Clinic for inquiries under s 23(1) CPMIP
  • Inquiries to be conducted by two health assessors, one of whom must be a psychiatrist