R v LAM [2016] NZHC 563

R v LAM [2016] NZHC 563

Expert forensic psychiatric evidence established the defendant was suffering an acute psychotic relapse of schizophrenia at the time of the killing and, on the balance of probabilities, by reason of that disease of the mind did not know his act was morally wrong; accordingly the defendant was found not guilty by reason of insanity and ordered detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 pursuant to s24 CP(MIP) Act to protect the public and provide secure treatment and rehabilitation.

Citation
[2016] NZHC 563
Parties
Prosecution: The Queen; Defendant: Thon Lam
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 April 2016
Procedural Posture
Criminal Murder Charge With S20 Cp(mip) Insanity Hearing / Section 20 Criminal Procedure (mentally Impaired Persons) Act Hearing and Disposition Hearing Under S24 Cp(mip) Act (pre Trial, Contested Trial Vacated)
Outcome
Defendant found not guilty by reason of insanity; detained in hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 pursuant to s24 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; no non-publication order made
Legal Topics
Insanity Defence, Not Guilty by Reason of Insanity (ngi), Disposition as Special Patient, Mens Rea, Name Suppression/publication Restrictions
Criminal Law Mental Health Law Forensic Psychiatry Procedural Law Insanity Defence Not Guilty by Reason of Insanity (ngi) Disposition as Special Patient Mens Rea +1 more

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Parties

The Queen

Prosecution

Thon Lam

Defendant

Procedural Posture

Criminal Murder Charge With S20 Cp(mip) Insanity Hearing / Section 20 Criminal Procedure (mentally Impaired Persons) Act Hearing and Disposition Hearing Under S24 Cp(mip) Act (pre Trial, Contested Trial Vacated)

Legal Issues

  1. 1 Whether the defendant killed the victim and, if sane, whether mens rea for murder was established
  2. 2 Whether the defendant was insane at the time of the offence under s23 Crimes Act (disease of the mind and lack of understanding that act was morally wrong)
  3. 3 If insane, what disposition is required under the Criminal Procedure (Mentally Impaired Persons) Act s24

Ratio Decidendi

Expert forensic psychiatric evidence established the defendant was suffering an acute psychotic relapse of schizophrenia at the time of the killing and, on the balance of probabilities, by reason of that disease of the mind did not know his act was morally wrong; accordingly the defendant was found not guilty by reason of insanity and ordered detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 pursuant to s24 CP(MIP) Act to protect the public and provide secure treatment and rehabilitation.

Court Disposition

Defendant found not guilty by reason of insanity; detained in hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 pursuant to s24 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; no non-publication order made

Orders

  • Enter verdict: not guilty by reason of insanity
  • Order that Thon Lam be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 (pursuant to s24 CP(MIP) Act)