12 Jul 2021
R v SHIRKEY [2021] NZHC 1741
- Citation
- [2021] NZHC 1741
- Court
- High Court
On the balance of probabilities the defendant was suffering from bipolar affective disorder (a disease of the mind) at the time of the collision and was incapable of knowing his actions were morally wrong under s23(2)(b); actus reus was established and mens rea would be satisfied if the defendant had been sane, therefore the appropriate verdict is not guilty by reason of insanity.