R v L [2019] NZHC 308

R v L [2019] NZHC 308

Defendant committed contempt by speaking to jurors and attempting to influence them, but credible psychiatric evidence and factual circumstances established she was suffering an acute psychotic episode that substantially impaired understanding and judgement; given the limited criminality when viewed with that impairment, the distress already suffered in custody, ongoing bail conditions, severe financial hardship and family vulnerability, the court exercised discretion to record contempt but discharge the defendant without further penalty and to grant tailored name suppression limited to allowing disclosure to the Ministry of Justice Centralised Processing Unit.

Citation
[2019] NZHC 308
Parties
Crown: The Queen; Defendant: L
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2019
Procedural Posture
Contempt of Court / Disposition Hearing (oral Judgment)
Outcome
Contempt established; defendant discharged without penalty; tailored name suppression granted
Legal Topics
Contempt, Jury Interference, Name Suppression, Fitness to Stand Trial, Sentencing Mitigation, Forensic Psychiatric Reports
Criminal Law Contempt of Court Mental Health Law Evidence and Jury Procedure Suppression Orders Contempt Jury Interference Name Suppression +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Queen

Crown

L

Defendant

Procedural Posture

Contempt of Court / Disposition Hearing (oral Judgment)

Legal Issues

  1. 1 Whether the defendant committed contempt by approaching and speaking to jurors and attempting to influence them
  2. 2 What penalty (if any) is appropriate for the contempt given mitigating factors including mental health
  3. 3 Whether name suppression should be granted based on extreme hardship and public interest balancing

Ratio Decidendi

Defendant committed contempt by speaking to jurors and attempting to influence them, but credible psychiatric evidence and factual circumstances established she was suffering an acute psychotic episode that substantially impaired understanding and judgement; given the limited criminality when viewed with that impairment, the distress already suffered in custody, ongoing bail conditions, severe financial hardship and family vulnerability, the court exercised discretion to record contempt but discharge the defendant without further penalty and to grant tailored name suppression limited to allowing disclosure to the Ministry of Justice Centralised Processing Unit.

Court Disposition

Contempt established; defendant discharged without penalty; tailored name suppression granted

Orders

  • Finding of contempt recorded
  • Defendant discharged without penalty