Disposition of person acquitted on grounds of insanity — risk to public — M (CA819/11) v R [2012] NZCA 142, (2012) 28 FRNZ 773 — Environmental Defence Society v Mangonui County Council [1989] 3 NZLR 257 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 23, 24, 25 & 28 — Mental Health (Compulsory Assessment and Treatment) Act 1992. The defendant had been acquitted on the grounds of insanity and the Court faced the question of how best to deal with her. The Crown argued that she should be detained in hospital as a special patient, pursuant to s 24 of the Criminal Procedure (Mentally Impaired Persons) Act (the Act). The defendant argued that she should be treated as a patient on a less-restrictive inpatient basis, pursuant to s 25 of the Act. In considering whether to make the detention order under s 24, the Court had to consider all the circumstances of the case, including medical evidence and the interests of the public. The Court considered that the evidence showed that the defendant required comprehensive and tightly-controlled care. She had a history of mental health problems dating back more than 30 years. She lacked insight into her condition and posed a danger to certain members of the public. To treat her as an inpatient under s 25 would not offer her an adequate level of care. It was necessary that she be detained as a special patient under s 24. Judgment Date: 22 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *