R v JM [2016] NZYC 361

Published 07 November 2016

Fitness to stand trial — aggravated robbery — youth offending — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 9 and 14 — Mental Health (Compulsory Assessment and Treatment) Act 1992 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. While not mentally impaired under the MH(CAT) Act the young person had low intellectual ability and was found unfit to stand trial pursuant to s 14(2)(c) of the CP(MIP) Act. The issue was determining the most suitable method to deal with the young person (CP(MIP), ss 24 and 25). Due to the seriousness of the offending and the risk of reoffending it was not suitable to release the young person from the process. Further enquiries as to the young person’s intellectual capacity were ordered by way of a formal hearing under CP(MIP), s 23.Judgment Date: 14 April 2016. * * * Note: names have been changed to comply with legal requirements.* * *