8 Dec 2017
R v MARKS [2017] NZHC 3048
- Citation
- [2017] NZHC 3048
- Court
- High Court
Judge found on the balance of probabilities that Marks committed the act constituting the indecent assault; medical reports established intellectual disability causing serious cognitive and adaptive deficits; because he could not adequately understand the nature and likely severe sentencing consequences of a guilty plea in the third strike context nor communicate adequately with counsel, he is unfit to stand trial; accordingly he must be remanded under s 23 for inquiries and assessment under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.
- Unfitness to stand trial
- Assessment under criminal procedure (mentally impaired persons) act 2003
- Relevance of three strikes complexity to fitness
- Remand for inquiries under s 23
- Admissibility of admissions