R v K [2020] NZHC 1350

R v K [2020] NZHC 1350

On the balance of probabilities and based on expert psychiatric evidence, the judge found that K was suffering a disease of the mind (severe psychotic illness) during the relevant incidents and, because he was delusional and lacked the ability to think rationally about the moral quality of his acts, he was incapable...

Source-derived case information.

Citation
[2020] NZHC 1350
Parties
Prosecution: The Queen; Defendant: K
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 June 2020
Procedural Posture
Criminal (cpmip Insanity Determination) / Pre Trial S20 CPMIP Hearing to Determine Insanity Under S23 Crimes Act
Outcome
Defendant found not guilty on account of insanity (recorded under s20 CPMIP; s23 Crimes Act applies)
Legal Topics
Insanity Defence, Fitness to Stand Trial, Crimes Act S23, CPMIP S20 Determinations
Criminal Law Mental Health Law Criminal Procedure Insanity Defence Fitness to Stand Trial Crimes Act S23 CPMIP S20 Determinations

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Parties

The Queen

Prosecution

K

Defendant

Procedural Posture

Criminal (cpmip Insanity Determination) / Pre Trial S20 CPMIP Hearing to Determine Insanity Under S23 Crimes Act

Legal Issues

  1. 1 Whether defendant was suffering a disease of the mind at the time of the offences
  2. 2 Whether defendant was incapable of understanding the nature and quality of his acts or of knowing they were morally wrong (s23 Crimes Act)
  3. 3 Whether expert evidence establishes insanity on the balance of probabilities

Ratio Decidendi

On the balance of probabilities and based on expert psychiatric evidence, the judge found that K was suffering a disease of the mind (severe psychotic illness) during the relevant incidents and, because he was delusional and lacked the ability to think rationally about the moral quality of his acts, he was incapable of knowing his acts were morally wrong within the meaning of s23; accordingly the court recorded a finding of not guilty by reason of insanity under s20 CPMIP/s23 Crimes Act.

Court Disposition

Defendant found not guilty on account of insanity (recorded under s20 CPMIP; s23 Crimes Act applies)

Orders

  • Finding recorded: Not guilty on account of insanity (s20 CPMIP / s23 Crimes Act)
  • Disposition hearing listed for 19 June 2020