R v Gerrard-Collier

[2018] NZHC 2651

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2018-087-334 [2018] NZHC 2651

THE QUEEN

v

HOSEA GERRARD-COLLIER

Hearing:	12 October 2018
Appearances:	R W Jenson and S Davison for the Crown G Tomlinson for the Defendant
Judgment:	12 October 2018

ORAL JUDGMENT OF POWELL J

R v GERRARD-COLLIER [2018] NZHC 2651 [12 October 2018]

[1]      Hosea Gerrard-Collier comes before the Court today to determine his final disposition having been found not-guilty, by reason of insanity, for the murder of Robyn Crawford and her unborn child on 19 February 2018.1

[2]      The purpose of today’s disposition hearing is to determine whether or not

Mr Gerrard-Collier should become a special patient pursuant to s 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or alternatively whether s 25(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act) 2003 should apply.  The principal difference between the two sections is that ultimately an order under s 24(2)(a) provides a much greater degree of ongoing supervision and means that Mr Gerrard-Collier cannot be released without the consent of the Minister.

[3]      I have read the considerable number of reports about Mr Gerrard-Collier’s condition.2     These cover the tragic events of 19 February 2018, but also earlier behaviour by Mr Gerrard-Collier, as well as the treatment he has received since that time.  I agree with counsel that applying the relevant case law as set out in the Court of Appeal decision in M (CA 8191 2011) v R3 that the only possible outcome in this case is an order under s 24(2)(a).  I am satisfied, having read the various reports, that it is necessary to make this order. Not only from a public safety point of view but from Mr Gerrard-Collier’s treatment point of view, such that the decision to ultimately release Mr Gerrard-Collier at some point in the future requires much greater oversight than just the decision of the responsible clinician treating him at that time.

[4]      I accordingly make the order ordering Mr Gerrard-Collier to be held as a special patient pursuant to s 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.  In making that order I would just like to acknowledge the family members  of both  Ms  Crawford  and  Mr  Gerrard-Collier  who  are  here  today,  to acknowledge your loss, in various different ways, as a result of this tragedy.

1      R v Gerrard-Collier [2018] NZHC 1802.

2      Dr Peter Dean, consultant psychiatrist, reports of 4 April 2018, 11 June 2018 and 24 September

2018; Dr Shailesh Kumar, consultant forensic psychiatrist, reports of 5 June 2018 and 20 August
2018;  Dr  Kadhem  Majeed,  consultant  forensic  psychiatrist,  report  of  2  July  2018;  and

Dr D G Chaplow, general and forensic psychiatrist, reports of 5 July 2018 and 18 September 2018. The reports of Dr Kumar of 20 August 2018, Dr Chaplow of 18 September 2018 and Dr Dean of

24 September 2018 specifically addressed disposition and all three recommended an order under s 24(2)(a).

3      M (CA 8191 2011) v R [2012] NZCA 142 and in particular at [7]-[19].

Powell J