Akshay Chand

Background

Akshay Anand Chand murdered Christie Alexis Lesley Marceau on 7 November 2011, and was acquitted of her murder by reason of insanity on 17 October 2012. Chand was subsequently sentenced to three years imprisonment for kidnapping, and was committed to a psychiatric hospital indefinitely on October 17, 2012.

Eighteen-year-old Christie Alexis Lesley Marceau was stabbed to death by eighteen-year-old Akshay Anand Chand at her home in Hillcrest, Auckland, New Zealand.

Chand and Marceau had first met while attending Williow Park Primary School in the North Shore suburb of Hillcrest where they both lived. After both left Willow Park at the end of 2003, they remained out of contact until September 2010, when they met again while working at the same North Shore supermarket. In the following year, Chand and Marceau became friends, characterised by Marceau providing emotional support for Chand. By the end of August 2011, Chand was no longer working at the supermarket and was unemployed.

Christie Marceau’s parents were Brian and Tracey Marceau. Christie’s sister was Heather Marceau. After Christie’s death, Brian and Tracey Marceau started a campaign in conjunction with the Sensible Sentencing Trust to change legislation to introduce more stringent bail laws and increase the accountability of judges.

The offence

Murder of Christie Marceau

On the morning of 7 November 2011, Christie was at home with her mother and maternal grandmother. Her father at the time was in Australia with work. The Marceau household was two stories and sat on a hill sloping away from the road, with the house's front door on the upper level and the back door on the lower level.

At around 7am, Christie was asleep downstairs and her mother was upstairs when the front doorbell rang. Christie was a frequent online shopper and couriers called in the early morning with deliveries. Thinking it was a courier, Christie’s mother inadvertently opened the door to Chand, who was wielding a large kitchen knife. She backed away and screamed in warning to Christie, and when Chand asked who was home, her mother lied that Christie’s father was home in another room. Christie woke up and ran up the stairs, where she was confronted by Chand. Chand kicked Christie in the chest, causing her to fall back down the stairs. Christie ran out the back door, across the rear deck to the back gate, and tried to unlatch the gate. Chand caught up to her, stabbed Christie in the left side of the face, and she collapsed on the deck. Christie was stabbed an additional ten times by Chand, before the knife blade bent 90 degrees and became useless.

Christie’s mother left her daughter and Chand to call 111 (emergency telephone number). Her mother found Christie on the deck still breathing, but Christie’s injuries were too severe and she died in her mother’s arms before emergency services could arrive.

Chand remained at the scene until police arrived. When asked by one officer what he was doing at the house, he replied "[for] reprisal". When further asked why his hands were shaking, he replied, "It's not easy to kill someone, is it?" He then asked officers if it was all right to listen to his iPod.

Chand was arrested for Christie's murder.

Prior kidnapping and assault in September 2011

In September 2011, Chand kidnapped and assaulted Marceau. The murder came after Chand had kidnapped and assaulted Marceau in September 2011, and while awaiting trial on the charges, he was bailed by the court to an address just 300 metres (1,000 ft) from Marceau's home, despite calls from Christie and the police to not grant bail.

On the morning of 6 September 2011, Marceau received a phone call from Chand, demanding that she come over to his house or he would kill himself. Concerned about Chand’s well-being and fearing the worst, Marceau went to Chand’s house nearby. Once she arrived, Chand greeted her and invited her into the living room, then locked the door behind her. Chand talked about personal issues before becoming agitated. He pulled a 20 cm long kitchen knife from his waistband and demanded Marceau’s mobile phone. He forcefully took her phone and told her: "If you don't obey me, I will knife you. If you scream, I will knife you. If you try to escape, I will knife you."

Chand demanded Marceau take her clothes off. After further threats of violence, Marceau complied and stripped down to her underwear.

Chand confessed that he intended to rape her, but changed his mind, handed Marceau back her clothing and mobile phone, and allowed her to get dressed. When Marceau was about to leave, Chand threatened he would kill himself by swallowing crushed tablets, which were later revealed to be vitamin tablets. While still terrified, Marceau attempted to dissuade Chand from attempting suicide.

Marceau returned home, and after telling a family member, was taken to a local police station to report the incident.

Police summary of facts later stated that Chand stabbed Christie between five and 10 times in a "frenzied" attack, and that the knife bent 90 degrees but Chand kept trying to stab her, stopping only when he realised the knife was unusable.

Chand was examined and assessed by psychiatric experts, and it was accepted that he was insane when he stabbed the teenager to death.

Investigation

After the kidnapping incident on 6 September 2011, Marceau reported it to a local police station. In a statement to Police, Chand admitted detaining Marceau against her will, threatening her with a knife with the intention of raping her, and threatening to stab her.

After Christie's death, police asked Chand what he was doing at the house, and he replied "[for] reprisal". When asked why his hands were shaking, he replied: "It's not easy to kill someone, is it?" He asked if it was all right to listen to his iPod while they decided what to do.

Chand later told police after Christie died that his letter was "lies" and "sappy" and was written with the sole purpose of getting bail so he could kill her.

Arrest

Chand was arrested by Police later on 6 September 2011 following the kidnapping and assault. He was arrested for Christie's murder after being found at the property on 7 November 2011.

After Christie died, Crown prosecutor Simon Moore, SC, indicated that Chand had been planning to kill Christie while he was on remand, and that he later told police: "He later told police it was here [on remand at Mt Eden Prison] where he hatched his plan to kill Christie. He realised that in order to achieve this, he obviously needed to be released from custody," Mr Moore told the court.

Trial

Charges and early court appearances

Chand was charged by Police on three charges: kidnapping, threatening to cause grievous bodily harm, and assault with intent to sexually violate. Chand first appeared in court the following day, and was remanded in custody. On 9 September, his application for bail was declined.

Chand wrote to the court expressing remorse for what he had done and wanting to make amends.

On 5 October, a hearing on Chand's second application for bail was heard at the North Shore District Court before Judge David McNaughton. The Police filed their opposition fearing tampering with witnesses (namely Marceau and her mother), and referencing the mention during the police interview on 6 September that the attack was "revenge" against Marceau for not helping him.

A letter from Marceau expressed concern for her own safety, noting that the house where Chand, his mother and aunt lived and was to be bailed to was only 300 metres from her home, and that she feared Chand could attack her again during her daily routine.

Despite opposition, Judge McNaughton allowed bail on strict conditions. Chand was bailed to his mother's house with a 24-hour curfew, with him not being allowed to leave the house except for medical or legal appointments, and only accompanied by a designated person.

Murder trial outcome

Chand was found not guilty in the High Court at Auckland yesterday of murdering Christie by reason of insanity. He was acquitted of her murder by reason of insanity on 17 October 2012.

Justice Helen Winkelmann acknowledged that Chand did kill Christie after planning his attack for several months. Both sides agreed on insanity. Chand was remanded to the Mason Clinic as a special patient, and could be released only if the Minister of Health deemed him no longer a danger to the community or the Marceau family.

In court it was accepted that when Chand stabbed the teenager to death, he was insane. He had planned to kill her and he knew what he was doing, but he did not know his actions were "morally wrong", a court ruled.

Sentencing

Chand was subsequently sentenced to three years imprisonment for kidnapping. He was committed to a psychiatric hospital indefinitely on October 17, 2012.

Appeals

No appeal information was provided.

Outcome

Chand was acquitted of murder by reason of insanity. Following that acquittal, he was sentenced to three years imprisonment for kidnapping, and was committed to a psychiatric hospital indefinitely on October 17, 2012.

Aftermath

Following Christie’s death, suppression orders previously prevented the Herald from telling her story, and later the details of the attack were published.

Christie Marceau pleaded with authorities not to let Akshay Chand out on bail in a letter she wrote after he kidnapped her. She feared for her safety and worried he would try to attack her again as "revenge". Akshay Chand wrote his own letter saying he was remorseful and wanted to apologise, and after reading both letters, Judge David McNaughton released Chand on bail.

Thirty-two days later, Christie was dead after Chand stabbed her up to 10 times on the deck of her family home.

Christie's family said they were adamant she would still be alive had Chand not been released on bail to live with his mother 300m from the Marceau home. Judge McNaughton ordered Chand not to have any contact with Christie and put him under a 24-hour curfew, with him able to leave his house only for legal or medical appointments.

For months after Christie died, Tracey Marceau struggled with intense feelings of guilt and wondered if she could have saved her daughter if she had run after her instead of calling the police. She said: "I will never forgive myself. I have to live with that forever, for the rest of my life. I know it's not my fault, but it still goes through my mind. It's all I ever think about. "Nothing would have changed the outcome. I know that now. Everyone says I should be glad that I was here with her. But we should never have had to go through that. We should have been safe. "I can't think of how I can describe it. You're just so, so empty. Sometimes I can't get up in the morning. I just don't want to carry on. "It's so devastating, and I wouldn't wish it on anybody. To know that you're not going to hold her again, you're not going to see her ..."

Tracey Marceau described the moment she first saw Chand at her front door: "At first when I saw him, it was just a shock. I didn't know what was going to happen, to be honest," she said, describing the moment she first saw Chand at her front door. "I watched the life drain out of her while I was still holding her. I felt her slip away from me. "I was telling her to hang on, that help was on its way. I know she tried, she really tried. And then she was gone. An officer came and checked her. Someone was asking about an ambulance and he said no, they didn't need one. Then I definitely knew that it was all over."

Tracey Marceau made a verbal submission while speaking through tears at a Law and Order Select Committee: "On November 7 2011 my heart shattered and my life changed forever. You cannot save my baby Christie, or me. But you can help the people of New Zealand,'' she said.

Both kidnapping details and the murder were accompanied by discussion of letters and psychiatric evidence. Crown prosecutor Simon Moore, SC, said Chand’s letter to the court to assist him in getting bail was: "purposeful act of subterfuge which would provide him with the opportunity to carry out his plan". He also said: "He purported to experience deep remorse and a desire on his part to make amends."

In police opposition arguments, the police said: "He had admitted during his interview the reason for the attack was for revenge against the victim for not helping him ... This desire for revenge still exists," it said. "The victim is terrified of the defendant. The attack has had a profound effect on her and made her not leave her mother's side since. She does not wish him to get bail, or to see him, and is quite concerned he may try to attack her again and go around to her house."

Chand was described as callous in one account: "He was devoid of emotion and told officers he was a "callous fiend. That's just who I am. I murdered her".

Christie Marceau’s letter

Christie Marceau’s letter stated: "I wish to oppose Akshay receiving bail as the events have made me wary of his intentions. I worry for my safety because of this and particularly as my father is currently on a fly in-fly out job in Australia which reduces the support I can rely on. Akshay's family, mother and aunty, live close to my home so I feel that he may play on my thoughts as he knows my father is away for a reasonable period but he also knows my routine travelling to Uni and where I work in the city. I am worried that he may still try to get revenge on me as he is already in trouble and has nothing to lose if he tries again. This causes me to fear for my safety. I catch the bus to uni or work every week day, travelling from my local stop through Northcote to the city. So I am worried that living close by he would be able to follow me and get on the bus. As it is very public and I feel that I will be very vulnerable. I also have exams for university coming up and wish to be able to concentrate on my studies and not have it constantly on my mind that he is out and has the possibility of getting me again. I would like to get on with my life but at present I need to know that I don't have to encounter him as I try to restore my faith in people as this has caused me a lot of distress."

Akshay Chand’s letter

Akshay Chand’s letter to the court stated: "To Your Honour, "I'm incredibly sorry for the ordeal I put Christie through. I am only remorseful for my actions. I know she will sooner forgive me than I will forgive myself. Given the chance I will apologise to her, her parents and anyone else affected. Ironically the last thing she said to me was that she was sorry. It's only after the events of that day she realised how much pain depression caused me and how much I needed her and vice versa. She was my emotional outlet. There was nothing that I couldn't tell her and vice versa. She's really adamant and I'm sure she feels she's to blame. She acknowledges that her absence led to escalation and the impending event that occurred. But as modest as she is, truthfully the blame is on my shoulders. I take full responsibility for my actions and accept the consequences of my wrongdoings. In my defence what I did was aided by great psychological pressure. The kind of pressure that arises when you're sitting at the dining room table crushing up pills. And in your head you believe that no one cares if you live or die. I was desperate, vulnerable and exploited my own weakness. I will do everything in my power to get the help I need. I've been put on antidepressants and am willing to receive counseling. I wish I had only asked for help earlier. Yours sincerely, Akshay Chand

Police interview details about the kidnapping

Christie told police what happened after Chand called her and threatened to kill himself with 40 pills crushed in a drink. She told police: 'He got really angry and then he pulled a knife out of his back pocket ... he got up and stood over me. His right hand was shaking it as he was waving it. It was a kitchen knife, like one of those ones that you pull out of a knife set ... it was about 20cm and it looked like he'd sharpened it. He said 'this is how it's gonna go - if you scream I'm gonna knife you'. When he said that to me I started crying because I thought he was gonna kill me. I've never been so terrified in my life. Then he told me to shut up and compose myself. I wanted to text my friend because I wanted someone to help me ... he got up and had the knife in his right hand. He was saying 'give me your phone ... we can either do this the hard way or the easy way'. He said 'you'll know what you get if you don't give it to me'. He was holding the knife and he was twisting it around and he said he had 'aims'. He said his aim was to terrify me, get revenge and then to kill himself. He told me to take off my jumper and I had to throw it to him. He checked the pockets ... then he told me to take my shirt off and I said I wouldn't. He said 'you know what will happen if you don't do it' - so I had to. Then he said 'now take off your pants'. I said 'no, I won't do it, it's too far ... I can't do it'. I started crying more, because I was getting an idea of what he wanted to do ... He held the knife out and he said 'you know what will happen', so I took them off. He was sitting on the armchair and he had the knife in his hand and every so often he'd twirl it in his fingers and then he'd look at his fingers and he'd be like 'ouch' - like he cut himself. He was talking about ... how he believes one night the devil came and grabbed him and since then he's been in a losing battle. I said 'are you going to kill me?' I felt like he was going to kill me ... he said that he planned to rape me. I burst out crying because I felt so terrified. Again, he told me to compose myself. I thought if I cried out loud enough the neighbours in the next house would hear me because the whole time I was there I could hear them talking ... I just wanted someone to hear me ... I just wanted to cry louder because I could hear the neighbour and I thought he would be able to hear me and someone would be able to do something. He put the knife down and he said 'I'm gonna let you go ... but I just want you to know that once you leave I'm gonna drink the drink'. I told him 'I don't want you to drink it ... it's not worth it'. He said it was his only option because his parents don't love him. I just got in my car and I locked my door and I drove straight home.

Other details

Akshay Anand Chand was born 11 November or 11 December 1992. Christie Alexis Lesley Marceau was born 16 April 1993.

Chand first appeared in court the day after his arrest on the kidnapping charges, and was remanded in custody. His bail application was declined on 9 September.

On 27 September 2012, it was reported that Chand appeared at the High Court at Auckland where he pleaded guilty to charges of kidnapping, assault with intent to commit sexual violation and of threatening Christie with grievous bodily harm. The charges were laid in September last year. He also faced a charge of murdering Christie two months later but had not entered a plea on that charge. Chief High Court judge Justice Helen Winkelmann remanded him in custody and he was due to be sentenced next month.

Psychiatric experts Dr David Chaplow for the defence and Professor Ian Mellsop for the Crown examined Chand and agreed he was suffering a disease of the mind, an early stage of schizophrenia, when he stabbed Christie to death.

In a report provided to the court, Dr Chaplow said Chand was: "insightless as to his moral culpability at the time". The report also included: "Chand lacked moral understanding of right from wrong in that specific context," he said.

Professor Mellsop said Chand: "knew the nature and quality of his acts". He also said: "But the degree and severity of his disease of the mind meant that he did not know that what he was doing was morally wrong when he stabbed and killed Christie."

Both experts agreed that Chand should be made a "special patient", meaning he would be detained at a mental health facility until he was no longer a danger to the public, and that the decision could only be made by the Minister of Health.

After his arrest on the kidnapping incident, it was stated that Chand later told police he had a female "accomplice" and two more people would die, including Christie's mother. He later revealed that the female was "Pauline", a voice he had been hearing in his head for at least 18 months, and Pauline made him kill Christie because she was possessed by the devil.

Chand was described as having been remanded and later starting planning to kill Christie while on remand at Mt Eden Prison, and Crown prosecutor Simon Moore, SC, said police had indicated the danger and planning.