R v BT [2016] NZYC 227

Published 07 November 2016

Fitness to stand trial — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 9 and 13. Charges against young person with Fetal Alcohol Syndrome dismissed. Evidence was not enough to satisfy on the balance of probabilities that the young person caused the act or omission (CP(MIP), s 9. Given that s 9 was not satisfied, the Judge was required to dismiss the charge (s 13).Judgment Date: 19 April 2016.* * * Note: names have been changed to comply with legal requirements.* * *