Waitemata Health v. Attorney-General
Country: New ZealandYear: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:
Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against womenThe appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more
Download Judgment:
English
R v. Chaulk
Country: CanadaYear: 1990
Court: Supreme Court
Citation: [1990] 3 SCR 1303
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:
Tags: Incapacity, Insanity, Mental capacity, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis, SociopathThe appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more
Download Judgment:
English