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New Zealand Police v Taneti [2019] NZDC 1884

Published 23 July 2019

Sentencing — intentional damage — theft — not guilty by reason of insanity — Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 28, 29 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 20, 24, 25 — Crimes Act 1961, s 23. The defendant faced charges of indecent assault on a female over 16, intentional damage (four charges) and theft. While committing the acts giving rise to the intentional damage and theft charges, the defendant was unwell but understood the quality of his acts and knew that they were wrong. The Court made an inpatient order under the Mental Health (Compulsory Assessment and Treatment) Act 1992. In terms of the indecent assault charge, the prosecution and defence agreed that the only reasonable verdict was not guilty on the grounds of insanity. Two psychiatrist reports established that at the time of the offending the defendant was suffering either schizophrenia or acute psychosis and was unable to understand what he was doing or that it was wrong. The Court agreed and found the defendant not guilty by reason of insanity, and made a compulsory treatment order on this charge. Judgment Date: 4 February 2019. ***Note: names have been changed to meet legal requirements.***