R v K

[2020] NZHC 646

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-092-11229

[2020] NZHC 646

THE QUEEN

v

K

Hearing:	25 March 2020
Appearances:	G R Kayes for Crown K Allen for Defendant
Judgment:	25 March 2020

RESULTS JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 25 March 2020 at 2.30 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date: ...................................

Solicitors:           Kayes Fletcher Walker Ltd, Crown Solicitor, Manukau

Public Defence Service, Manukau

R v K [2020] NZHC 646 [25 March 2020]

[1]As I said in my judgment of 12 March 2020, the defendant, K, is charged with:1

(a)threatening behaviour on 7 August 2019;2

(b)unlawfully being in an enclosed yard on 16 October 2019;3

(c)inciting murder on 23 October 2019;4 and

(d)resisting police on 24 October 2019.5

[2]                 In that judgment, I recorded findings that K is mentally impaired and not unfit to stand trial.

[3]                 Defence counsel indicated K intended to raise a defence of insanity to the offending. By memorandum dated 19 March 2020, the Crown advised it agrees the only reasonable verdict on all of the charges is not guilty on account of insanity (see s 20(2)(b) Criminal Procedure (Mentally Impaired Persons) Act 2003 (“CPMIP”)).

[4]                 Having regard to the evidence before me, and for reasons which will follow, I am satisfied K was insane within the meaning of s 23 Crimes Act 1961 at the time he committed the offending. I therefore record a finding that K is not guilty of the offending referred to above on account of his insanity.

[5]                 Pursuant to s 23(2) CPMIP, and by consent, I remand Mr Kishore to the Mason Clinic for the purpose of inquiries under s 23(1) CPMIP, that is inquiries as to the most suitable method of dealing with Mr Kishore under ss 24 or 25 CPMIP.

[6]                 I order these inquiries be made by two health assessors, one of whom must be a psychiatrist. Such inquires must be completed as quickly as practicable and, in any event, within 30 days of the date of this order (see s 23(4) CPMIP).

1      R v K [2020] NZHC 504.

2      Summary Offences Act 1981, s 21(1)(a) — maximum penalty of 3 months’ imprisonment or a

$2,000 fine.

3      Section 29(1)(b) — maximum penalty of 3 months’ imprisonment or a $2,000 fine.

4      Crimes Act 1961, s 174 — maximum penalty of 10 years’ imprisonment.

5      Summary Offences Act 1981, s 23(a) — maximum penalty of 3 months’ imprisonment or a $2,000 fine.

[7]                 I reserve leave to apply. Subject to any further order, this proceeding is to be called again when the necessary reports are to hand.

Peters J