New Zealand Police v OR [2016] NZYC 172

Published 26 October 2016

Fitness to stand trial — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 14. Having made findings of involvement in respect of the charges faced, it was determined on the balance of probabilities that the young person was mentally impaired and unfit to stand trial pursuant to s 14 of the Act. Expert opinion found a diagnosis of Partial Fetal Alcohol Syndrome, and the recognised risk of confabulation was aggravated by the age of the charges. Judgment Date: 1 April 2016. * * * Note: names have been changed to comply with legal requirements. * * *