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

Police v LM, 4 September 2007, Youth Court, Rotorua, CRI-2007-263-41, 41, Judge Geoghegan

Name: Police v LM
Unreported
File number: CRI-2007-263-41
Court: Youth Court
Location: Rotorua
Date: 4 September 2007
Judge: Geoghegan J
Charge: Wounding with intent to cause GBH,
CYPFA:
Key title: Insanity, Reports – medical, Bail

Case Summary:
Bail notes. LM was found not guilty to a charge of wounding with intent to cause GBH on account of insanity.
The Judge directed an enquiry to determine the most suitable means of dealing with LM pursuant to ss24, 25 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
A doctor’s report concluded a diagnosis of paranoid schizophrenia (currently in remission) and a recommendation that LM receive treatment at the Henry Bennett Centre under s25(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 as a patient subject to a compulsory treatment order or pursuant to s24(1)(a) as a special patient. The orders are considerably different, the latter directing that LM be detained indefinitely as a special patient.
The report was “utterly devoid” of any helpful information. The report did not address LM’s needs as to the best alternatives for him, taking into account the nature of his illness, his current treatment, his response to that treatment, his age and the availability of support for him in the community.

Whether it was necessary in the interests of the public and LM to have LM detained for an indefinite period?

Decision
Directions for a further report to address the issues referred to.
Recommendation that L’s social worker engage with the Doctor to ensure that all possible alternatives for LM’s return to the community be considered.
LM was remanded under s23(2)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 to 16 October 2007.