Inquiry into involvement in offending — sexual violation by unlawful sexual connection — child sex offending — capacity to stand trial — mental impairment — Fetal Alcohol Spectrum Disorder (FASD) — Attention Deficit Hyperactivity Disorder (ADHD) — unfit — balance of probabilities — doli incapax — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 — Mental Health (Compulsory Assessment and Treatment) Act 1992 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 8A, 10, 11, 12, 13, 24, 25 & subpart 3 — Crimes Act 1961, ss 22 & 128 — Oranga Tamariki Act 1989, ss 101 & 333 — R v Wira [2016] NZHC 869 — R v Moni [2009] NZCA 560 — R v R [2015] NZHC 783 — Police v HJ [2018] NZYC 286. The young person faced a charge of sexual violation by unlawful sexual connection. It was alleged he had put his lips on the five-year-old complainant's penis. At a previous hearing the Judge found the young person was unfit to stand trial as he had a mental impairment stemming from a complex range of personal circumstances including Fetal Alcohol Spectrum Disorder (FASD), Attention Deficit Hyperactivity Disorder (ADHD), and speech and language difficulties. Under s 13 of the Criminal Procedure (Mentally Impaired Persons) Act (the Act) the next step was for the Judge to determine whether the defendant had committed the offending, on the balance of probabilities. It was agreed by all that the young person had committed the actus reus (physical act) of the offending, but there was doubt as to whether the mens rea (mental intention) could be proven. The Judge was not satisfied the young person had the requisite mental intent to commit the offending. He had a mental age of around 8-9 and believed sexual contact between children was how they made friends. The charge was dismissed. As the young person was temporarily under the care of Oranga Tamariki it would be up to the ministry to develop a plan for him. Judgment Date: 15 April 2020. * * * Note: names have been changed to comply with legal requirements. * * *