R v Pasfield

[2012] NZHC 2357

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-009-001260 [2012] NZHC 2357

THE QUEEN

v

REGAN VAUGHAN PASFIELD

Hearing:         13 September 2012

Appearances: B M Stanaway for Crown

C Ruane for Accused

Judgment:      13 September 2012

ORAL JUDGMENT OF FOGARTY J

[1]      Mr Pasfield you are charged that on 1 February 2012 at Christchurch you attempted  to  murder Alistair William  Spiers.  I am  satisfied  that  there  has  been compliance with s 9 of the Criminal Procedure (Mentally Impaired Persons) Act

2003  in  that  at  a hearing in  Court  on  24 August  2012  Joseph Williams  J,  was satisfied that the requirements of s 9 of the Act were met, namely that you are unfit to stand trial.  I am also satisfied now that the requirements of s 20 of the Act are met.

[2]      I have had placed before me two reports, one by Dr Gordon and one by Dr Galvin, both of whom are familiar with  your mental health condition.   Your history is being diagnosed with schizophrenia, and both expert clinicians are quite satisfied that you hold delusional beliefs and that are satisfied negatively that you

were not acting in response to delusional beliefs and hallucinations on the day.  Or,

R V PASFIELD HC CHCH CRI-2012-009-001260 [13 September 2012]

to put it more positively, that you were acting in response to your delusional beliefs and schizophrenic condition on the day.

[3]      Through your counsel you have indicated that you intend to raise the defence of insanity.  I have received submissions in writing and now in open Court from the Crown prosecutor and from Mr Ruane, both of whom are very experienced counsel and who are in complete agreement that this is the appropriate finding.

[4]      Accordingly,  you  are found not guilty of the charge on  account of  your insanity.

[5]      The next step in the process is to make a decision as to where you are to be placed following my ruling. The matter is governed by ss 23 and 24 of the same Act. I have before me a report from Dr Gordon of 3 September which concludes by strongly recommending that you be returned as a “special patient” under the Mental Health (Compulsory Assessment and Treatment) Act 1992 to Te Whare Manaaki.  I have  had  submissions  in  support  of  that  from  both  the  Crown  prosecutor  and Mr Ruane. Accordingly, I order under s 24(2)(a) that you be detained in a hospital as a “special patient” under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Solicitors:

Raymond Donnelly, Christchurch  [email protected]

Craig Ruane, Christchurch,  [email protected]