15 Dec 2015
R v ISMAIL [2015] NZHC 3216
- Citation
- [2015] NZHC 3216
- Court
- High Court
Court found beyond reasonable doubt that defendant followed the victim and entered her bedroom with a sexual motive; although defendant was in an abnormal state of mind, the balance of probabilities supports that the state was caused by voluntary consumption of synthetic cannabis, so any diminished understanding is excluded as a mitigating factor under s9(3) Sentencing Act; defendant was not insane under s23 Crimes Act.