R v G [2016] NZHC 501

R v G [2016] NZHC 501

On unanimous and persuasive psychiatric evidence and the factual matrix the defendant was suffering a schizo-affective disorder and was psychotic on 1 July 2015 such that she could not understand the nature and quality of her acts or know they were morally wrong; accordingly the correct verdict was not guilty by reason of insanity, and, on a judicial assessment of risk and need for treatment, detention in a hospital as a special patient under s 24(2)(a) CPMIP Act was necessary in the interests of the public.

Citation
[2016] NZHC 501
Parties
Crown: The Queen; Defendant: Ms G
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 March 2016
Procedural Posture
Criminal (murder; Wounding With Intent; Assault With a Weapon) / Finding and Disposition Hearing: Recorded Not Guilty by Reason of Insanity and Ordered Detention as a Special Patient
Outcome
Defendant found not guilty by reason of insanity and detained in hospital as a special patient; interim name suppression continued until further order
Legal Topics
Insanity Defence, Detention of Special Patient, Fitness to Plead, Name Suppression
Criminal Law Mental Health Law Forensic Psychiatry Insanity Defence Detention of Special Patient Fitness to Plead Name Suppression

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Parties

The Queen

Crown

Ms G

Defendant

Procedural Posture

Criminal (murder; Wounding With Intent; Assault With a Weapon) / Finding and Disposition Hearing: Recorded Not Guilty by Reason of Insanity and Ordered Detention as a Special Patient

Legal Issues

  1. 1 Whether the defendant was insane within the meaning of s 23 Crimes Act 1961 at the time of the offending
  2. 2 Whether an order under s 24(2)(a) CPMIP Act detaining the defendant in hospital as a special patient was necessary in the interests of the public
  3. 3 Whether the defendant was fit to plead

Ratio Decidendi

On unanimous and persuasive psychiatric evidence and the factual matrix the defendant was suffering a schizo-affective disorder and was psychotic on 1 July 2015 such that she could not understand the nature and quality of her acts or know they were morally wrong; accordingly the correct verdict was not guilty by reason of insanity, and, on a judicial assessment of risk and need for treatment, detention in a hospital as a special patient under s 24(2)(a) CPMIP Act was necessary in the interests of the public.

Court Disposition

Defendant found not guilty by reason of insanity and detained in hospital as a special patient; interim name suppression continued until further order

Orders

  • Finding: Not guilty by reason of insanity under s 20 CPMIP Act and s 23 Crimes Act 1961
  • Order under s 24(2)(a) CPMIP Act that defendant be detained in a hospital as a special patient (Mental Health (Compulsory Assessment and Treatment) Act 1992)