New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Homicide

  • 14 Oct 2020

    R v HILL [2020] NZHC 2700

    Citation
    [2020] NZHC 2700
    Court
    High Court

    On the balance of probabilities the defendant was suffering from schizophrenia (a disease of the mind) at the time of the homicide and, while he understood the physical nature and quality of his acts, he lacked the capacity to know those acts were morally wrong; accordingly he is not guilty by reason of insanity under s23 Crimes Act 1961 and, given the risk to public safety and expert psychiatric evidence, he must be detained as a special patient under s24(2)(a).

  • 7 Oct 2019

    R v CHURCH [2019] NZHC 2543

    Citation
    [2019] NZHC 2543
    Court
    High Court

    On the balance of probabilities, having considered the forensic pathology, multiple witness accounts, numerous recorded admissions and health assessors' reports, the court was satisfied that Mr Church caused the death and that, given his treatment‑resistant schizophrenia, intellectual disability, ongoing risk and need for structured treatment and oversight, detention in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 was necessary in the interests of the public and the patient and therefore ordered.