R v McFarland

[2022] NZHC 1918

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-090-4647

[2022] NZHC 1918

THE QUEEN

V

DION LANCE MCFARLAND

Hearing:	4 August 2022
Appearances:	F M T Culliney and J R Ah Koy for Crown D G A Reece for Defendant
Judgment:	4 August 2022

JUDGMENT OF PAUL DAVISON J

This judgment was delivered by me on 4 August 2022 at 2:30pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Crown Solicitor, Auckland

R v MCFARLAND [2022] NZHC 1918 [4 August 2022]

[1]                 On 22 June 2022 Fitzgerald J found the defendant Dion Lance McFarland was insane within the meaning of s 23 of the Crimes Act 1961 at the time when he fatally stabbed and killed his father Derek Lance McFarland on 19 November 2020.

[2]                 Justice Fitzgerald directed that a report be prepared by a forensic psychiatrist to address the issue of disposition, being the most suitable method of dealing with the defendant under ss 24 or 25 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the Act).

[3]                 In accordance with that direction a report, dated 29 July 2022, has been prepared by Dr Wee Lee Chua, who is a consultant forensic psychiatrist employed in the Regional Forensic Psychiatry Service at the Mason Clinic. In her report Dr Chua summarises her risk assessment and the management needs of the defendant, and sets out the disposition options and her recommendation as follows:

Overall, the risk assessment suggests that the main contributors to Mr McFarland’s risk are persistent treatment resistant psychotic symptoms, intoxication with alcohol or illicit substances and having limited insight into his mental illness and substance use disorder. These factors are complicated by antisocial personality disorder and intellectual disability. His risk is mitigated by being in a medium secure rehabilitation unit of a forensic mental health hospital, treatment of psychosis, remaining abstinent from alcohol and illicit substances and undergoing forensic rehabilitation to improve his understanding [of] his serious mental illness and the nexus to his risk of violence and risk to himself. He would benefit from attending the Violence Reduction and Alcohol and Drug Programme amongst other rehabilitation groups at the Mason Clinic to improve his understanding of his index offence and the risk of violence.

Referring to paragraph 50, the options to be considered would be Section 24(2)(a) such that Mr McFarland would be made subject to a Compulsory Treatment Order under the Mental Health Act. Taking into account the serious nature of Mr McFarland’s index offence and the nexus between his violence and mental illness in addition to persistent psychotic systems, he will benefit from the most intensive and focused rehabilitation and external supervision of the order and leave from the Ministry of Health as he is rehabilitated and gradually returned to the community. As such, I have formed an opinion that it is necessary for Mr McFarland to be disposed as a Special patient under Section 24(2)(a) of the CP (MIP) Act 2003.

I have formed an opinion that it is necessary for Mr McFarland to be disposed as a Special patient under Section 24(2)(a) of the CP (MIP) Act 2003. In this instance, Mr McFarland will continue his rehabilitation in Rata unit of the Mason Clinic.

[4]                 Having received and considered Dr Chua’s report, counsel for the Crown and for the defendant have filed a joint memorandum in which they advise that both the Crown and Mr McFarland agree that it is necessary, both in the interests of protecting the public and also to ensure that he is treated in a manner best suited to addressing the issues he faces, that he be detained in a hospital as a special patient pursuant to    s 24(2)(a) of the Act.

[5]                 Having considered the contents of Dr Chua’s report, I am well satisfied that it is appropriate for the defendant to be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 and that he be detained at the Mason Clinic where he can receive ongoing rehabilitation and external supervision.

[6]                 I accordingly make an order pursuant to s 24(2)(a) of the Act and direct that Dion Lance McFarland is to be detained as a special patient at the Mason Clinic, operated by Te Whatu Ora.

Paul Davison J