R v Chand

Case [2012] NZHC 2745


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-044-6255

CRI-2011-044-7906 [2012] NZHC 2745

QUEEN

v

AKSHAY ANAND CHAND

Hearing:         17 October 2012

Counsel:         S Moore SC and B Smith for Crown

M K Lowe for Mr Chand

Judgment:      17 October 2012

JUDGMENT OF WINKELMANN J

(1)       Section  20  hearing  Criminal  Procedure  (Mentally  Impaired  Persons) Act

2003 (the Act).

(2)       Disposition hearing for purposes of s 23 hearing of the Act.

Meredith Connell, Auckland  ben.smith@meredithconnell.co.nz

Simon.Moore@meredithconnell.co.nz

Mary-Anne Lowe, Auckland  mk.lowe@xtra.co.nz

R V CHAND HC AK CRI-2011-044-6255 [17 October 2012]

[1]      In  September  2011  Mr Akshay  Chand  kidnapped  Ms  Christie  Marceau, keeping her captive for some 35 minutes.  During her ordeal he threatened her with a knife, threatened to stab her and he did this with intent to sexually violate her.  For that offending he was arrested and remanded in custody.  In October Mr Chand was released on bail.   Although subject to a 24 hour curfew, on 7 November 2011 at

7.00 am he went to Christie’s home carrying a knife, he entered her home, chasing her as she attempted to escape him, and stabbed her to death.

[2]      He was subsequently charged with the murder of Christie and was to stand trial this month.   However, psychiatrists instructed both by the defence and the Crown have expressed the opinion that at the time Akshay Chand killed Christie Marceau, he had a disease of the mind which was so significant and pervasive that he did not know what he was doing was morally wrong.  On that basis the Crown has agreed that the only reasonable verdict is not guilty on account of insanity.

[3]      The agreement by the Crown has triggered the provisions of the Criminal Procedure (Mentally Impaired Persons) Act 2003.  By virtue of the provisions of this Act I am required to conduct a hearing to determine, on the basis of expert evidence, whether Mr Chand was insane within the meaning of s 23 of the Crimes Act 1961 at the time that he killed Christie Marceau.  If I am satisfied of that, I am then required by that Act to determine the most suitable method of dealing with him.

[4]      Mr Chand having pleaded guilty to the September 2011 offending, must also later be sentenced in respect of that offending, but I will attend to that at a later point in time.

[5]      Accordingly, the purpose of today’s hearing is twofold.  Firstly, to determine whether he was insane within the meaning of s 23 of the Crimes Act 1961 at the time he killed Christie, and secondly, if I am satisfied that he was, to make a decision as to how he is to be dealt with.

[6]      The relevant factual background to the events the subject of this hearing are as follows. Mr Akshay Chand and Ms Christie Marceau knew each other at primary

school but lost contact after that.   In September 2010 they encountered each other again when working at a supermarket local to their homes.  They…

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R v Chand [2012] NZHC 2745
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[2012] NZHC 2745
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CaseChat Overview and Summary

In the High Court of New Zealand, Akshay Anand Chand was charged with the murder of Christie Marceau. Chand had previously kidnapped Marceau and threatened her with a knife with intent to sexually violate her, for which he was arrested and remanded in custody. Chand was later released on bail but subsequently killed Marceau by stabbing her to death. Both defence and Crown psychiatrists opined that Chand was suffering from a disease of the mind at the time of the murder, rendering him incapable of knowing that his actions were morally wrong. The Crown agreed that the only reasonable verdict was not guilty on account of insanity. The court held a hearing under the Criminal Procedure (Mentally Impaired Persons) Act 2003 to determine whether Chand was insane at the time of the murder and, if so, the most suitable method of dealing with him. The court found that Chand was suffering from a schizophrenic illness at the time of the murder and was therefore not criminally responsible. The court ordered that Chand be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

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