IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2021-083-1688
[2023] NZHC 1602
THE KING v
JOHN RICHARD JAMES CORKRAN
Hearing: 19–20 June 2023 Counsel:
M Wilkinson-Smith and H R Hancock for Crown R Lithgow KC and A Jeremich for Defendant
Judgment:
26 June 2023
Reissued:
28 June 2023
JUDGMENT OF ISAC J
[Application for stay of proceedings]
Introduction
[1] Mr Corkran is 91 years old. He awaits trial in August 2023 on eight charges of cruelty to children.1 The offending is alleged to have occurred between 49 and 45 years ago at Lake Alice Hospital, where Mr Corkran was a psychiatric charge nurse. The Crown contends that during the relevant period Mr Corkran administered paraldehyde
1 Mr Corkran is charged under s 195 of the Crimes Act 1969 (as it stood in the 1970s, not the current version). It provided:
Every one is liable to imprisonment for a term not exceeding 5 years who, having the custody, control, or charge of any child under the age of 16 years, wilfully ill-treats or neglects the child, or wilfully causes or permits the child to be ill-treated, in a manner likely to cause him unnecessary suffering, actual bodily harm, injury to health, or any mental disorder or disability.
R v CORKRAN [2023] NZHC 1602 [28 June 2023]
injections to children and young people as punishment in circumstances giving rise to criminal responsibility.
[2]Mr Corkran made pre-trial applications for:
(a)a determination that the prosecution is barred by s 124 of the Mental Health Act 1969, which conferred an immunity from prosecution on health workers in certain circumstances;
(b)a stay of the proceeding on the basis that Mr Corkran’s right to a fair trial has been compromised;
(c)if the proceeding is not stayed, a determination that Mr Corkran is no longer fit to stand trial; and
(d)a discharge under s 147 of the Criminal Procedure Act 2011.
[3] A five-day pre-trial hearing was originally scheduled to determine these applications. However, after concluding evidence on Mr Corkran’s current mental and physical condition on the second day of the hearing, both counsel invited me to deliver a ruling on his application for a stay. They did so because if I were minded to grant the application the balance of Mr Corkran’s pre-trial applications would fall away.
[4] After adjourning to consider the evidence and submissions, I stayed the prosecution and delivered a results judgment. The balance of this judgment sets out my reasons for doing so. Given the interest of the complainants and members of the public in the reasons for my decision I have delivered judgment as quickly as possible.
Background
[5] Mr Corkran was employed at Lake Alice as a psychiatric nurse in 1960. He became a charge nurse in 1968.
[6] In 1972, Lake Alice opened a child and adolescent unit. From 1974, Mr Corkran became one of the charge nurses responsible for the unit.
[7] The essence of the Crown case is…
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- AGLC
- R v Corkran [2023] NZHC 1602
- Case
- [2023] NZHC 1602
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles governing the stay of criminal proceedings, focusing on the right to a fair trial and the ability of the defendant to effectively participate in their trial. The court held that a stay is warranted when a defendant's mental or physical health prevents them from adequately defending themselves, and that delay may be a discrete factor warranting a stay. In this case, the court found that Mr Corkran's advanced age, physical and mental impairments, and the significant delay in bringing the charges made it unlikely that he could receive a fair trial.
The court also considered Mr Corkran's argument that he was entitled to an immunity from prosecution under section 124 of the Mental Health Act 1969. The court tentatively concluded that the immunity may apply to Mr Corkran, but noted that it was unnecessary to determine this issue as the prosecution had been stayed on other grounds.
In summary, the charges against Mr Corkran have been stayed due to his advanced age, physical and mental frailty, and the significant delay in bringing the charges, which compromise his right to a fair trial. The court also considered, albeit tentatively, that Mr Corkran may be entitled to an immunity from prosecution under section 124 of the Mental Health Act 1969.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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