Fitness to stand trial — sexual conduct with a child under 12 — sexual violation by unlawful sexual connection — youth sexual offending — foetal alcohol spectrum disorder (FASD) — mental impairment — Oranga Tamariki Act 1989, ss 238 & 333 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 4 & 8A — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, s 7 — Crimes Act 1961, s 128 — Pora v R [2015] NZPC 1; [2015] UKPC 9; [2016] 1 NZLR 277; (2015) 27 CRNZ 47 (3 March 2015) — R v RTPH [2014] NZHC 1423 — Nonu v R [2017] NZCA 170 — Solicitor-General v Dougherty [2012] 3 NZLR 586 — Barton v R [2012] NZCA 295 — Mohamed v R [2010] NZCA 259. The young person faced two charges of sexual violation by unlawful sexual connection and one of sexual conduct with a child under 12. The young person denied the offending, saying the alleged events never happened. This hearing was to determine whether the young person was fit to stand trial. Two questions had to be answered: is the young person mentally impaired? If so, does this impairment render the young person unfit to stand trial? Two doctors disagreed as to whether the young person suffered from a mental impairment, one saying that a range of complicated needs including ADHD, foetal alcohol spectrum disorder (FASD), autism spectrum disorder (ASD) and emotional dysregulation, meant he did have a mental impairment. The other doctor did not believe the young person had FASD, any disability or a mental impairment. Based on the evidence presented, the Judge was satisfied the young person did have a mental impairment. However, the Judge also believed that if the Judge and surrounding support people took great care, the young person was fit to stand trial. The trial would need to have breaks to prevent the young person getting stressed or overwhelmed, a communication assistant would be necessary and the Judge also advised that staff around the young person remain the same so as not to put him through unnecessary changes. Judgment Date: 21 January 2020. * * * Note: names have been changed to comply with legal requirements. * * *