R v W - [2025] NZHC 3503

Defendant was charged with attempted murder after deliberately hitting a cyclist with his car.  He entered a plea of not guilty by virtue of insanity.  

Held: Defendant was labouring under a disease of the mind at the time of the attack, in terms of the definition of insanity under s 23 of the Crimes Act 1961. This resulted in a finding that the relevant acts were proven but that the defendant was not criminally responsible for those acts on account of insanity, under s 20(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (the CP(MIP) Act). 

Held: Disposition order made that the defendant be treated as a patient under s 25(1)(a) of the CP(MIP) Act and s 30 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and be detained as an inpatient for the purposes of treatment.