R v Maru-Mohi - [2025] NZHC 3764

Sentencing for manslaughter under s 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP Act). Based on the health assessors' reports, the Court is satisfied that the offender is mentally disordered, and the offender's mental impairment requires the compulsory treatment in both the offender's interests and for the safety of the public. If the end sentence was one of imprisonment pursuant to s 34(1)(a)(i) the offender would be eligible for immediate release due to time served. Given the complex mental health needs of the offender an order under s 34(1 )(a)(i) is therefore not appropriate, and instead an order under s 34(1 )(b)(i) should be made. The social circumstances of the offender are not adequate for the offender to be treated as an outpatient. In the circumstances of this case, and with consent of the offender, an order is made under s 34(1 )(b)(i) of the CPMIP Act such that the offender is to be treated as a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 with the order taking effect as a compulsory treatment order as an inpatient.