IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2023-404-543
[2024] NZHC 847
BETWEEN TETU MARERE WILLIAMS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 27 February 2024 (Further submissions filed 15 March 2024) Appearances:
V Letele for Appellant
J E Bragg for Respondent
Judgment:
18 April 2024
JUDGMENT OF WILKINSON-SMITH J
This judgment was delivered by me on 18/04/2024 at 2.30pm.
Registrar/Deputy Registrar
……………………………..
Solicitors:
Law and Justice Ltd, Auckland
Kayes Fletcher Walker, Office of the Crown Solicitor, Manukau City
WILLIAMS v NEW ZEALAND POLICE [2024] NZHC 847 [18 April 2024]
Introduction
[1] The appellant, Mr Williams, appeals against a District Court decision dated 12 September 2023 finding him fit to stand trial pursuant to s 8A of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the CP(MIP) Act).1
[2]The grounds of appeal are that:
(a)the judged erred in failing to give the parties the opportunity to be heard and to call evidence; and
(b)The judge erred in finding the appellant fit to stand trial.
[3] The respondent initially conceded that there had likely been a procedural misstep in the District Court but understandably was not prepared to take a position on the issue of fitness without having heard evidence from the report writers.
[4] The appeal proceeded by way of rehearing in accordance with s 17 of the CP(MIP) Act. On 27 February 2024, the Court heard evidence from Dr Jeremy Skipworth and Dr Kyros Karayiannis.
[5] Following that hearing, both parties filed additional submissions. The appellant submits that both experts found on balance that Mr Williams would be unfit to stand trial and invites the Court to make the following findings:
(a)pursuant to s 8A(1) of the CP(MIP) Act, Mr Williams has a mental impairment due to a diagnosis of intellectual disability mild/moderate; and
(b)pursuant to s 8A(2) and (3)of the CP (MIP) Act, Mr Williams is, on the balance of probabilities, unfit to stand trial.
1 Police v Williams [2023] NZDC 26476.
[6] The respondent submits that, on the basis of the available reports and the evidence of the experts, the Court may consider that the appellant is unfit to stand trial. In that event, the respondent submits that the District Court decision should be quashed, and the matter remitted to the District Court for an involvement hearing pursuant to s 10 of the CP(MIP)Act.
Background
[7]The appellant faces four sets of charges.
Indecent assault
[8] It is alleged that on 10 January 2023 the appellant smacked the complainant on her buttock while she was working at Pak’nSave. The police evidence consists of two witnesses, that of the complainant, and the officer in charge. The defendant told police that he had just swung his hand and it happened to hit the victim and that he did not mean to.
Unlawfully getting into a motor vehicle
[9] The appellant is charged together with his partner for unlawfully getting into a motor vehicle between 9 and 10 January 2022. The…
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CaseChat Overview and Summary
In its final orders, the court declared that the appellant is unfit to stand trial under sections 8A(2) and (3) of the CP(MIP) Act, quashed the District Court's finding of fitness, and remitted the matter to the District Court for an involvement hearing as per section 10 of the CP(MIP) Act.
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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