New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unfitness
  • 8 May 2018

    R v R [2018] NZHC 978

    Citation
    [2018] NZHC 978
    Court
    High Court

    On the balance of probabilities the depositions established defendant's involvement (s9); defendant is mentally impaired under s14 based on multiple expert reports; cumulative impairments in language/communication, severe cognitive deficits, fluctuating psychosis and borderline personality disorder make it more likely than not that defendant is unable, due to mental impairment, to understand proceedings or instruct counsel and will decompensate in a contested trial; accommodations would be insufficient to ensure a fair trial; accordingly defendant is unfit to stand trial and must be remanded…