IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2017-404-000216 [2017] NZHC 2001
BETWEEN MANUEL PARAHA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 21 August 2017 Appearances:
S A Mandeno for Appellant
Z R Hamill for RespondentJudgment:
21 August 2017
ORAL JUDGMENT OF PALMER J
Solicitors:
Public Defence Service, Auckland
Crown Solicitor, Auckland
PARAHA v NEW ZEALAND POLICE [2017] NZHC 2001 [21 August 2017]
Facts
The offending here
[1] On Thursday 16 October 2014, Mr Paraha, who was then 17, was washing car windows at the intersection of Great South Rd and Te Irirangi Drive in Manukau. He was walking backwards through the two northbound lanes of traffic. Mr Raymond Beattie was unable to stop his car before its left-hand wing mirror struck Mr Paraha. Mr Paraha fell to the ground and then walked to a traffic island. Mr Beattie stopped to check he was not hurt. Mr Paraha got angry and kicked in the car’s rear tail light, cracking it.
[2] On 11 June 2015, Mr Paraha pleaded guilty and was convicted in the District
Court of wilful damage to a rear tail light of a car and ordered to pay reparations of
$434.78.
[3] Mr Paraha had no previous convictions. He was represented by a different duty lawyer each time he appeared.
Subsequent alleged offending
[4] The following year, after events in February 2016, Mr Paraha faced two charges of common assault on family members.
[5] After spending some time with him, Mr Paraha’s counsel observed he may have an intellectual disability. The procedure under the Criminal Procedure (Mentally Impaired Persons) Act 2011 was triggered.
Health assessments
[6] Reports by two health assessors under s 38 concluded Mr Paraha has an intellectual disability which manifested early in his school years.
[7] Dr Huddleston, on 22 July 2016, assessed Mr Paraha’s school records which
suggested he was working at a level well below what would be expected at the age
of nine. He attended a special high school in Christchurch for persons with intellectual disabilities until the earthquakes.
[8] Dr Huddleston considered Mr Paraha lacked basic understanding of the nature, purpose and possible consequences of court proceedings, with poor ability to communicate with counsel or to participate in court processes. She estimated him as having “significant cognitive difficulty” with a fullscale IQ of 60, extremely low to borderline verbal comprehension, perceptual reasoning, and working memory and speed of processing information. She considered his cognitive abilities and adaptive behaviour were significantly below what was normally expected of children of a similar age when he was in his early teens.
[9] Dr Huddleston assessed Mr Paraha’s understanding of “guilty” and “not guilty” was “at best, rudimentary”, with guilty meaning “might be going to jail” and “not guilty” as “won’t be going to jail”. He could not articulate the concepts or apply them to himself. He did not know about his intended plea.
[10] Dr Huddleston assessed Mr Paraha as not being capable of adequately understanding information placed before him or…
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- Paraha v Police [2017] NZHC 2001
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- [2017] NZHC 2001
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