2 Sept 2021
TROW v NEW ZEALAND POLICE [2021] NZHC 2585
- Citation
- [2021] NZHC 2585
- Court
- High Court
On the basis of the historical assessments, the 2021 consultant neuropsychologist report, and the absence of evidence of substantial functional improvement or rehabilitative supports, the court drew a strong inference the appellant had an intellectual disability (FSIQ around mid-50s) and was very likely unfit to stand trial for the offences committed between 2008 and 2016; that established a miscarriage of justice requiring the convictions to be quashed and no retrial or further orders were made.