New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Insanity/mental impairment

Legal area

Court

19 Jul 2023

R v BUCHANAN [2023] NZHC 1881

Citation

[2023] NZHC 1881
Court

High Court

On unanimous and persuasive psychiatric evidence the defendant was mentally impaired but fit to stand trial, and at the time of the offence was insane within s 23 Crime Act 1961 (incapable of knowing his act was morally wrong); accordingly the court found act proven but not criminally responsible and acquitted him of murder, remanding him for disposition inquiries under the Criminal Procedure (Mentally Impaired Persons) Act 2003.
12 Jul 2019

R v BRACKENRIDGE [2019] NZHC 1627

Citation

[2019] NZHC 1627
Court

High Court

Life imprisonment was not manifestly unjust despite causative drug-induced schizophrenia; mental illness mitigated culpability but did not displace the presumption of life. The MPI was set at the statutory minimum of 10 years after applying an overall mitigation discount (approx. 20% for mental illness) and a 5% remorse discount, and having regard to aggravating arson and theft conduct and ongoing risk related to substance use.