June 29, 2018

Community treatment order: Mental Health (Forensic Provision) Act

Client repeatedly visited victim’s house

At 6:30pm on the night in question, SM approached the front door of the victim’s house and began banging on the front window screaming at the victim and his family. The victim called the police before SM left the residence. An hour later SM returned to the victim’s house, and again the victim called the police. When the police arrived, they removed SM and instructed her not to return to the victim’s residence. SM returned to the victim’s house again and started screaming and banging on the victim’s window but this time she broke the window.

Client charged with several assault related offences

The police approached the house of SM who opened the door to speak to the police. It was alleged that SM uttered obscenities, appeared aggressive and struck one of the police officers in the chest. The police attempted to arrest SM but she resisted and continued to be uncooperative with the police. SM was charged with assault officer in execution of duty and resist officer in execution of duty to which she pleaded guilty.

Case dealt with under mental health provisions

The defence made an application for SM’s matter to be dealt with under s 33(1A) of the Mental Health (Forensic Provision) Act which allows a Magistrate to discharge the defendant unconditionally or subject to conditions, into the care of a responsible person. The defence argued that a community treatment order (CTO) was appropriate in the circumstances given the client’s serious and ongoing mental illness. The Magistrate agreed with the defence’s submissions and dealt with the matter accordingly.

If you require assistance with a section 33 application, speak to O’Brien Criminal & Civil Solicitors for expert legal advice. Call us on (02) 9261 4281 for a free initial consultation.