Charges proven on the balance of probabilities — aggravated robbery — theft — unlawfully getting into a motor vehicle — threatening behaviour — possession of an offensive weapon — escaping lawful custody — fitness to plead and stand trial — intellectual disability — disposition — care and rehabilitation in a Secure Community setting — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 9, 14, 24 & 25 — Oranga Tamariki Act 1989, s 238 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. The young person, CW, faced various charges including aggravated robbery, theft, unlawfully getting into a motor vehicle, threatening behaviour, possession of an offensive weapon and escaping lawful custody. This hearing was to determine CW's involvement and whether he was fit to plead or stand trial. Based on expert evidence, it was determined that CW was not fit to plead or stand trial. This meant under the Criminal Procedure (Mentally Impaired Persons) Act ("CP(MIP)") the Police only had to prove that CW was involved in the alleged offending on the balance of probabilities. Witness statements and finger prints were used to establish CW was, on the balance of probabilities, involved in the offending for all but one charge of burglary. CW was assessed at a high risk of re-offending. In order to rehabilitate the young person it was recommended he be placed in secure, structured care as he was unlikely to be receptive to treatment in the community. The Judge followed this recommendation and made an order as to disposition of the charges that CW be treated as a Care Recipient who receives care and rehabilitation in a Secure Community setting, for 24 months. Judgment Date: 23 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *