Published 17 February 2020
Fitness to stand trial — sexual violation by unlawful sexual connection — indecent assault — unlawfully getting into a motor vehicle — possession of instruments for conversion — aggravated robbery — unlawful taking a motor vehicle — endangering transport — reckless driving — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 4 & 8A — Mental Health (Compulsory Assessment and Treatment) Act 1992 — Oranga Tamariki Act 1989, s 14 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. This hearing was to determine whether the young person was fit to stand trial on a raft of charges including sexual violation , indecent assault and aggravated robbery. Section 8A of the Criminal Procedure (Mentally Impaired Persons) Act 2003 sets out the process for determining if a person is unfit to stand trial. First, evidence must be given by two health assessors as to whether the defendant is mentally impaired. If the Court is satisfied by that evidence that the defendant is mentally impaired then each party will be given the opportunity to present evidence after which the Court will make and record a decision as to the defendant's fitness. Two medical professionals gave evidence and concluded that although the young person had no defined mental or intellectual disability, a variety of factors meant he was mentally impaired. These included fetal alcohol spectrum disorder (FASD), ADHD, conduct disorder, impaired verbal skills, memory difficulties, a head injury, history of drug use from age seven, exposure to family violence, anxiety, emotional dysregulation and low self-concept. The Judge was satisfied the young person's complex situation and needs meant he was not fit to stand trial. Judgment Date: 5 December 2019. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›