New Zealand Police v YL [2019] NZYC 539

Published 14 February 2020

Disposition hearing — young person unfit to stand trial — intellectual disability — rehabilitation — secure care — burglary — unlawfully getting into a motor vehicle — unlawful taking of a motor vehicle — attempted unlawful taking of a motor vehicle — possession of instruments for burglary — possession of instruments for conversion — aggravated robbery — stay of proceedings — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 8A, 10, 23, 24, 25, 26 & 27 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, ss 7, 23 & 46 — Mental Health (Compulsory Assessment and Treatment) Act 1992 — Oranga Tamariki Act 1989, s 238. The young person faced 16 charges including burglary, unlawfully getting into a motor vehicle, unlawful taking of a motor vehicle, attempted unlawful taking of a motor vehicle, possession of instruments for burglary, possession of instruments for conversion and aggravated robbery. In July 2019 he was found unfit to stand trial under s 8A of the Criminal Procedure (Mentally Impaired Persons) Act (the CP(MIP)) as he had an intellectual disability and a complex neurodevelopmental picture. At a s 10 CP(MIP) hearing in September the Court was satisfied as to the young person's involvement of all of the offending. This was a disposition hearing to determine what outcome would best help the young person's rehabilitation and manage his risk factors. A registered clinical psychologist and specialist assessor recommended the young person be cared for as a care recipient, at a secure care level, under the Intellectual Disability (Compulsory Care and Rehabilitation) Act. She believed his risk could not be managed in the community or under supervision and that he required specialised rehabilitation. This conclusion was arrived at with the input of other medical professionals. The Judge agreed with their conclusion and ordered the young person be cared for at a secure level by a care centre run by the National Adolescent Forensic Intellectual Disability Service, for a period of 18 months. In relation to the 16 charges, an order was made under s 27 of the CP(MIP) staying the proceedings. Judgment Date: 5 November 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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