R v Hori - [2024] NZHC 2070

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2023-070-3186

[2024] NZHC 2070

THE KING

v

TE WAIWHAKAREWA ELSIE JAYE HORI

Hearing: 29 July 20204

Appearances:

A J Pollett for Crown

A M Gold for Defendant

Judgment:

29 July 2024

ORAL JUDGMENT OF O’GORMAN J

This judgment was delivered by me on 29 July 2024.

Registrar/Deputy Registrar

…………………………………

Solicitors:
Pollett Legal Ltd, Tauranga Gold Legal Ltd, Pukekohe

R v HORI [2024] NZHC 2070 [29 July 2024]

[1] Ms Hori faces one charge of murdering her whāngai father, Mr Jason Swales, on 7 September 2023.

[2] At the request of both counsel, this judge-alone hearing is being held under s 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP). Section 20 provides a process for a judge to make a finding of act proven, but not criminally responsible on account of insanity. If Ms Hori was insane within the meaning of s 23 of the Crimes Act 1961 at the time of the commission of the offence, then I must find her not guilty on account of insanity.

[3] The purpose of this hearing is for me to decide whether that is my finding. If it is, then I must consider the question of appropriate disposition, given the current state of Ms Hori’s mental health.

Factual background

[4] I start by summarising the agreed facts and, with the agreement of both counsel, under s 9(1) of the Evidence Act 2006 I admit the evidence contained in formal written statements from the relevant witnesses, as filed by the Crown. I have read those witness statements and have seen that they are consistent with the facts I describe below.

[5] Ms Hori resided at the same address as Jason Swales, in Brookfield, Tauranga, along with her cousin. Ms Hori lived in a caravan on the property. Mr Swales had his own bedroom in the house, as did Ms Hori’s cousin.

[6] The events took place on 7 September 2023. On that evening, Ms Hori’s mother and aunt were also visiting and planning to stay the night.

[7] At 7 pm, Ms Hori drove her cousin, mother, and aunt to Kmart in Bethlehem. The mother and aunt stayed in the car while Ms Hori and her cousin went into the shop. Ms Hori purchased a white belt, then drove everyone back to the house.

[8] At 9.16 pm, Ms Hori sent a text message to a friend saying, “I’m soul tied to dad and Izak clarkia, I'm going to kill dad because he’s soul tied with all the whanau and a free mason”. Two friends called Ms Hori to discuss what she meant by the text message. They were very concerned. After speaking with them for a little while, Ms Hori hung up on that call.

[9] Shortly before 10.30 pm, Ms Hori entered Mr Swales’ bedroom holding the belt purchased from Kmart. Mr Swales was lying on the bed watching a video…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NZHC 2070
Decision Date: 29 July 2024

CaseChat Overview and Summary

In this case, Te Waiwhakarewa Elsie Jaye Hori faces a charge of murdering her whāngai father, Mr Jason Swales. The court was required to decide whether Ms Hori was not criminally responsible for the offence on account of insanity. The legal issues centered around determining whether Ms Hori was suffering from an acute mental illness at the time of the offence and whether she was unable to understand the nature and quality of the act or omission, or know that it was morally wrong. The court had to consider the expert evidence provided by the medical professionals and decide if Ms Hori met the criteria for insanity under the relevant legislation. The reasoning by the court was that the medical evidence supported a finding that Ms Hori was suffering from an acute psychotic episode due to schizophrenia at the time of the offence. The court was satisfied that Ms Hori was overwhelmed by delusions and hallucinations that caused her to act in a way that was totally irrational and not in line with her normal behaviour. The court found that Ms Hori was not criminally responsible on account of insanity and acquitted her of the murder charge. In light of this finding, the court then had to determine the appropriate disposition for Ms Hori, considering her current mental health status. The court considered the expert evidence and concluded that Ms Hori’s condition still posed a serious risk to the health and safety of others, and that she was not yet in full remission. The court ordered that Ms Hori be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, ensuring she continues to receive the necessary treatment and rehabilitation.

Orders