New Zealand Case Law: Decisions & Judgments

Topic

Intellectual disability

Legal area

Court

7 Aug 2023

R v TAUMATA [2023] NZHC 2099

Citation

[2023] NZHC 2099
Court

High Court

Starting point for MPI set at 12 years based on seriousness, sustained and violent domestic attack and case comparisons; uplift of 12 months applied for significant prior violent offending; a global discount of 2.5 years applied for reduced cognitive functioning, intellectual disability, mental illness, methamphetamine addiction and deprivation background; resulting MPI 10 years and 6 months; life imprisonment imposed for murder with assault sentence of 14 months to be served concurrently.
11 May 2023

PERSTON v POLICE [2023] NZHC 1115

Citation

[2023] NZHC 1115
Court

High Court

The preponderance of contemporaneous medical evidence established that the appellant had a lifelong, moderate to severe intellectual disability that rendered him unable to plead or stand trial for the offences in question; that rendered the trials unfair in breach of s25 NZBORA and thus miscarriages of justice, permitting the Court (using inherent jurisdiction where necessary) to quash the convictions and grant an extension of time to bring the appeal.
28 Feb 2023

THOMAS v NEW ZEALAND POLICE [2023] NZHC 358

Citation

[2023] NZHC 358
Court

High Court

Given uncontested expert evidence of a lifelong significant intellectual disability, absence of any evidence that the disability was identified or accommodated in historical proceedings, the appellant's tendency to give false or embellished admissions, and the lack of records to dispel safety concerns, the remaining convictions were unsafe and must be quashed.
22 Aug 2022

CG v R [2022] NZCA 389

Citation

[2022] NZCA 389
Court

Court of Appeal

Given consistent objective testing establishing a long‑standing moderate intellectual disability, contemporaneous records, and joint expert opinion that the appellant lacked the requisite capacities to understand, instruct counsel and participate effectively in the trials for the 1997 and 2000 aggravated robberies, the Court concluded a miscarriage of justice occurred; an extension of time was appropriate in the interests of justice, the Court has power to quash historic convictions on fitness grounds and therefore the three convictions are quashed and suppression of identity continued.
29 Apr 2022

EPERE v POLICE [2022] NZHC 866

Citation

[2022] NZHC 866
Court

High Court

Unanimous expert evidence established a lifelong, significant intellectual disability rendering the appellant unable to understand court processes, appreciate pleas, or instruct counsel such that he was likely unfit to stand trial for the majority if not all charges; this constituted a miscarriage of justice, warranting quashing of convictions and entry of acquittals; extension of time to file the appeal was granted.
2 Sept 2021

TROW v NEW ZEALAND POLICE [2021] NZHC 2585

Citation

[2021] NZHC 2585
Court

High Court

On the basis of the historical assessments, the 2021 consultant neuropsychologist report, and the absence of evidence of substantial functional improvement or rehabilitative supports, the court drew a strong inference the appellant had an intellectual disability (FSIQ around mid-50s) and was very likely unfit to stand trial for the offences committed between 2008 and 2016; that established a miscarriage of justice requiring the convictions to be quashed and no retrial or further orders were made.
31 Jul 2020

R v MCCONACHIE [2020] NZHC 1887

Citation

[2020] NZHC 1887
Court

High Court

The court held that the offender's limited intellectual functioning and mood/adjustment disorders did not make life imprisonment manifestly unjust; given the premeditated, brutal, public nature of the killing and the public safety risk, life imprisonment was required and the statutory minimum period of 10 years was appropriate.
13 Mar 2020

LOGOVA TAFA ASIATA v R [2020] NZCA 53

Citation

[2020] NZCA 53
Court

Court of Appeal

The Court held the appellant's significant intellectual impairment created a causal nexus with the offending that materially reduced culpability such that the higher-end band 1 starting point was inappropriate; given the appellant's low risk, rehabilitation, and vulnerability in prison a non-custodial sentence would have been the least restrictive appropriate outcome though time served issues required substituting the sentence with two years' imprisonment; further evidence from a second psychological report was admitted and leave to appeal granted.
28 Nov 2019

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v JAMIE RICHARD MEADOWS [2019] NZHC 3128

Citation

[2019] NZHC 3128
Court

High Court

On the evidence (updated assessor report), the respondent demonstrates an intense drive to offend, a longstanding proclivity to sexual offending against children, limited self-regulation, and insufficient remorse or insight; those features satisfy s107IAA(1) and s107I(2) making him a high risk of committing a relevant sexual offence and justifying an extended supervision order for community protection; consequently an ESO for 10 years and intensive monitoring for 12 months were imposed.
21 Aug 2018

CHRISTIE v NEW ZEALAND POLICE [2018] NZHC 2149

Citation

[2018] NZHC 2149
Court

High Court

Leave was granted and all convictions set aside because consistent contemporaneous and later psychiatric and psychological reports (1994–2016) established a moderate, permanent intellectual disability that caused suggestibility and an inability to participate meaningfully in the trial process, making a miscarriage of justice likely; those considerations outweighed delay, prejudice to the Crown and the public interest in finality.