Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v TH (2006) DCR 474

Name: Police v TH
Unreported:
File number: CRI 2005 279 22
Court: Youth Court
Location: Tauranga
Date: 20 December 2005
Judge: Harding DCJ
Charge: Incest
CYPFA:
Key title: Mental Impairment; Youth Court Procedure

Summary: TH (16.5) before Court on information alleging incest with brother. Criminal Procedure (Mentally Impaired Persons) Act 2003 (“CPMIPA”) applies. Whether TH unfit to stand trial: s9 CPMIPA; Five steps from Rei Trow v Police (HC, Auckland, CRI 2004 404 208, 10 November 2004, Nicholson J) – step 1 - Judge found sufficient evidence exists to establish that TH caused the act or omission forming the basis of the offence. Focus now on step 2 of Trow – whether TH is mentally impaired: s13(4) & s14(1) CPMIPA “Court must receive the evidence of two health assessors …”, s14(2). Two reports have been prepared by health assessors; issue as to how Court should receive this evidence. Police submit evidence may be received by the presentation of full report(s) from the health assessors addressing whether the defendant has a relevant mental impairment (s14(1) CPMIPA) with appropriate jurat/signed briefs of evidence/viva voce evidence. Judge not willing to conclude that the Court, having directed reports, may receive them. FC may order reports; CYPFA s160 but no equivalent provision for the Youth Court. Necessary to preserve independence of the defendant and the Police from the health assessors. Judge unwilling to call the assessors and lead evidence as may have to “descend into the fray at the point of re-examination”.

Whether an amicus curiae may usefully be appointed. R v Hill [2004] 2 NZLR 145; Court may in its discretion appoint an amicus in the event that the Court requires assistance in a way that cannot be provided by counsel. Judge decides to appoint an amicus with the task of briefing and presenting the evidence of health assessors and making submissions to the Court as to the method by which such assessors evidence ought to be produced.

Decision: Amicus appointed to assist the Youth Court.