New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Intent (mens rea)
  • 10 Mar 2023

    R v KRISHNA [2023] NZHC 478

    Citation
    [2023] NZHC 478
    Court
    High Court

    The expert may give general, non-case-specific evidence about the effects of methamphetamine and the clinical concept of methamphetamine-induced psychosis including predisposition because that information is likely outside jury knowledge and substantially helpful under s25; however the expert cannot opine that the defendant was psychotic at the time or assess contested factual matters (quantum of use, sleep deprivation, behavioural inferences) because he lacked first‑hand factual foundation and doing so would usurp the jury on the ultimate issue of intent, making those case-specific conclusio…