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Forensic Coordination Service Intellectual Disability v Bronson [2023] NZFC 7258

Published 30 May 2024

Reserved decision — compulsory supervised care — extension — indecent assault — strangulation — arson — burglary — shoplifting — Crimes Act 1961 ss, 134 & 189A — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ss 77, 85, 87, 89 & 99 — RIDCA Central v VM [2011] NZCA 659, [2012] 1 NZLR 641 — SNRB v WLH [2012] NZFC 168 — L v RIDCA Central [2013] NZFLR 497. The applicant sought for the extension of a compulsory supervised care order for the care recipient. The care recipient faced two charges of indecent assault of a female aged between 12 and 16 and one charge of strangulation. There was a previous order that the care recipient was to be supervised until a certain date. There were recommendations for an extension, because at the time the care recipient had not started specific offences treatment and would not be able to complete it within the expiration date. The defendant had previously been charged with unlawful sexual connection, indecent assault, shoplifting, arson, burglary and strangulation. The care recipient underwent multiple assessments to assess his mental health and risk of re-offending. It was concluded that the care recipient should stay under supervised level of care as a care recipient, due to his intellectual disability and his undeveloped self-management. It was also assessed that the care recipient's risk of re-offending was well above average for sexual offending, and it was recommended that he attend high intensity treatment programmes. The care recipient submitted that he was being penalised for the delay of the programme and had been in compulsory care for too long. Due to the risk the care recipient posed, previous offences and incomplete treatment programme attendance, the care order was extended. Judgment Date: 7 July 2023 * * * Note: names have been changed to comply with legal requirements. * * *