R v Wilbur Morris [2016] NZDC 4029

Published 31 July 2016

Criminal Procedure (Mentally Impaired Persons) Act 2003, s 34(1)(b)(ii) — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 — Sentencing. An order was made directing that the defendant be cared for as a care recipient under the Compulsory Care and Rehabilitation Act 2003 for 18 months after he pleaded guilty to an indecent assault on a co-resident at the community care centre he was living in. The issue was whether to sentence the defendant as a normal offender with the likely outcome of imprisonment, or deal with him under the CP(MIP) Act on the basis of making him a care recipient under the ID(CCR) Act. The defendant had been diagnosed with an established intellectual disability and the Judge iterated that the fact that the indecent assault occurred in a public place in broad daylight was indicative of the extent of that disability. Having considered the seriousness of the offending, historical offending and the psychologist’s recommendation for a compulsory care order, the Judge made an order pursuant to s 34(1)(b)(ii) of the CP(MIP) Act. **Note: names have been changed to comply with legal requirements.