R v Tofilau

Case [2019] NZHC 2437


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-004-11745

[2019] NZHC 2437

THE QUEEN

v

SOLOMONA TOFILAU

Hearing: 26 September 2019

Counsel:

E J Walker for Crown

N P Chisnall (on instructions from A S Bloem) for Defendant

Judgment:

26 September 2019


JUDGMENT OF BREWER J


Solicitors:

Meredith Connell (Auckland) for Crown

Bloem & Associates (Albany) for Defendant

R v TOFILAU [2019] NZHC 2437 [26 September 2019]

Introduction

[1]                 In my judgment of 29 August 2019,1 I found Mr Tofilau unfit to stand trial but that he caused the act that forms the basis of the charge of attempted murder which has been brought against him. I ordered that inquiries be made to determine the most suitable method of dealing with Mr Tofilau under s 24 or s 25 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (“the Act”). This judgment decides that issue.

The law

[2]I set out ss 24 and 25:

24         Detention of defendant found unfit to stand trial or insane as special patient or special care recipient

(1)When the court has sufficient information on the condition of a defendant found unfit to stand trial or acquitted on account of his or her insanity, the court must—

(a)consider all the circumstances of the case; and

(b)consider the evidence of 1 or more health assessors as to whether the detention of the defendant in accordance with one of the orders specified in subsection (2) is necessary; and

(c)make one of the orders referred to in paragraph (b) if it is satisfied that the making of the order is necessary in the interests of the public or any person or class of person who may be affected by the court's decision.

(2)The orders referred to in subsection (1) are that the defendant be detained—

(a)in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

(b)in a secure facility as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(3)Before the court makes an order specified in subsection (2)(a), the court must have received evidence, under subsection (1)(b), about the defendant from at least 1 health assessor who is a psychiatrist


1      R v Tofilau [2019] NZHC 2145.

25         Alternative decisions in respect of defendant unfit to stand trial or insane

(1)If, after considering the matters specified in section 24(1)(a) and (b) concerning a defendant found unfit to stand trial or acquitted on account of his or her insanity, the court is not satisfied that an order under section 24(2) is necessary, the court must deal with the defendant—

(a)by ordering that the defendant be treated as a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

(b)by ordering that the defendant be cared for as a care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

(c)if the person is liable to be detained under a sentence of…

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R v Tofilau [2019] NZHC 2437
Case
[2019] NZHC 2437
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CaseChat Overview and Summary

The case of R v Tofilau was heard in the High Court of New Zealand in Auckland. Solomona Tofilau was found unfit to stand trial for the attempted murder of another person, but it was determined that he was responsible for the act. The court was tasked with determining the most suitable method of dealing with Tofilau under sections 24 or 25 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. The legal issues involved interpreting these sections to decide whether Tofilau should be detained as a special patient or treated under other provisions of the Act. Dr Jeremy Skipworth, a consultant forensic psychiatrist, provided a comprehensive report detailing Tofilau's clinical progress and diagnosis of mild cognitive impairment, leading to a recommendation for detention as a special patient. The court considered the evidence and recommendations, agreeing that this was the best option to manage Tofilau's risk to the public while exploring future community placement options. The court ordered that Tofilau be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, with a maximum detention period of seven years.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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