New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Crimes act s23

  • 16 Jun 2020

    R v K [2020] NZHC 1350

    Citation
    [2020] NZHC 1350
    Court
    High Court

    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.

  • 24 Oct 2017

    R v FRANK [2017] NZHC 2587

    Citation
    [2017] NZHC 2587
    Court
    High Court

    On the balance of probabilities the defendant suffered a disease of the mind (schizoaffective disorder) at the time of the stabbing, believed he was instructed by God to kill his wife and was incapable of realising the act was morally wrong; accordingly, pursuant to s20(2) Criminal Procedure (Mentally Impaired Persons) Act 2003 and s23 Crimes Act 1961 the judge must record a finding of not guilty on account of insanity.