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.