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Court of Appeal Wellington
CA269/2011; [2011] NZCA 357
12 July; 2 August 2011
O’Regan P, Arnold and Stevens JJ
CA269/2011; [2011] NZCA 357
12 July; 2 August 2011
O’Regan P, Arnold and Stevens JJ
Criminal law — Sentencing — What constitutes offence justifying orders under s 34(1)(a) of Criminal Procedure (Mentally Impaired Persons) Act 2003 — Effect of mental illness on sentencing — What ought sentence have been — Whether to convert non-custodial sentence to custodial sentence — Effect of progress since offending — Sentencing Act 2002, s 86.
Mental health — Mentally disordered persons — Whether to impose sentence of imprisonment — Whether to order treatment — Consideration given to effect of treatment — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.