June 29, 2018

Charges dismissed under Mental Health Provisions: Client JB

On a previous occasion, JB had been charged with two counts of common assault and one count of armed with intent to commit indictable offence when he had produced a knife at one of the victims. JB was on bail for these charges when the incident in question happened.

Client arrested and charged with several intimidate and harrass offences

It was alleged that JB had made a phone call to the victims threatening to kill them. When JB attended Maroubra Police Station to report as per his bail conditions for the previous offences, he was arrested and charged with 3 new offences: use carriage service to menace/harass/offend, use carriage service to threaten to kill, and to threaten or cause injury to person for being witness.

Matter dealt with through mental health provisions

The defence submitted to the court that it was more appropriate to deal with the JB’s matter by way of section 32 of the Mental Health (Forensic Provisions) Act. A letter submitted by the mental health clinic that JB was attending diagnosed him with a form of schizophrenia. The opinion of the psychiatrist supported the defence’s application that JB’s matter should be dealt with by section 32. The Magistrate dismissed the charges conditionally upon JB entering into the care of a psychiatrist.

If you have been charged with an offence and think that your matter can be more appropriately dealt with under the relevant mental health provisions, speak to O’Brien Criminal & Civil Solicitors who can assist you with your application. Contact us on (02) 9261 4281.