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New Zealand Police v ZW [2017] NZYC 942

Published 05 March 2019

Whether young person is mentally impaired — fitness to stand trial — mild intellectual disability — foetal alcohol syndrome — aggravated robbery — assault with intent to rob — aggravated wounding — reckless driving — dangerous driving — Criminal Procedure (Mentally Impaired Persons) Act 2003 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, Part 3. The court was required to determine the young person's fitness to stand trial on charges including aggravated robbery, assault with intent to rob, aggravated wounding and driving charges. The court considered unchallenged reports written by two health assessors. It was not disputed that the young person was mentally impaired as he suffered from foetal alcohol syndrome, a mild intellectual disability as well as difficulties with language and attention. With regard to the young person's fitness to stand trial, the court found that they would face challenges regarding adequacy of participation and instructions to counsel which could not be overcome even if precautions were taken. The court noted the importance of a young person understanding the process and having an opportunity to appreciate the impact of their offending. Having found that the young person was unfit to stand trial, the court directed that enquiries be made under s 23 of the Criminal Procedure (Mentally Impaired Persons) Act, as well as Part 3 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. Judgment Date: 19 December 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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