R v Hughes

[2023] NZHC 1679

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2022-019-710

[2023] NZHC 1679

THE KING

v

PAUL JOE HUGHES

Hearing:

30 June 2023

Counsel:

J Hamilton for Crown

G Walsh and M James for Defendant (Via VMR)

Judgment:

30 June 2023

ORAL JUDGMENT OF HINTON J

[Re: Orders under s 10(2) and 24(1)(a), (b) and (c), Criminal Procedure (Mentally Impaired Persons) Act 2023]

Solicitors:           Hamilton Legal, Hamilton

R v HUGHES [2023] NZHC 1679 [30 June 2023]

[1]                 The defendant in this matter has been found unfit to stand trial. An involvement hearing has taken place today in respect of which there was no contest and extensive evidence was filed. In addition, expert reports have been filed addressing disposition such that it was accepted by counsel prior to today’s hearing that the Court was in a position to consider disposition.

[2]I will issue a reasons judgment but am satisfied that orders can be made today.

[3]                 Having heard from Ms Hamilton for the Crown and Mr Walsh for the defendant and having read all of the statements, reports, memoranda and other documents provided, I am satisfied that orders can be made as follows:

(a)Under s 10(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the Act), I make an order that I am satisfied on the balance of probabilities that the evidence against the defendant is sufficient to establish the defendant caused the death of Soe Aung that formed the basis of the charge of murder.

(b)With regard to disposition, under s 24(1)(a), (b) and (c) of the Act, I make a determination having considered all of the circumstances of the case and the evidence of health assessors, that it is necessary in the interests of the public that the defendant be detained in a hospital as a special patient, and I direct accordingly under s 24(2) of the Act.

[4]As stated, my reasons for these orders will follow in a separate judgment.

[5]                 The interim suppression order lapses today and Mr Walsh confirms no final order is sought.

[6]                 The New Zealand Herald seeks an order that it be provided with a copy of the summary of facts. There is no opposition to that application and I order accordingly.

Hinton J