18 Feb 2022
J v THE NEW ZEALAND POLICE [2022] NZHC 223
- Citation
- [2022] NZHC 223
- Court
- High Court
On the material before the Court, including a retrospective forensic psychiatric report indicating on balance an insanity defence would likely have been available for the 2018 offending and evidence that the possibility was not raised at plea, there exists an appreciable risk of miscarriage of justice; the appeal is allowed and the matter is remitted to the District Court for consideration under the Criminal Procedure (Mentally Impaired Persons) Act 2003.