December 16, 2017

Mental Health Defence for Assault Charge

Domestic violence – assault occasioning actual bodily harm – mental health

Section 59 Crimes Act 1900 

Section 32 Mental Health (Forensic Provisions) Act 1990

Charged with assault occasioning actual bodily harm

SF was involved in a domestic dispute with his partner in Sydney’s western suburbs, and was charged by police with assault occasioning actual bodily harm.

Plea of guilty at Mt Druitt Local Court

He pleaded guilty before Mt Druitt Local Court and admitted to the facts that had occurred. SF had a history of mental illness and criminal defence lawyers from O’Brien Criminal and Civil Solicitors sought an order under Section 32 Mental Health (Forensic Provisions) Act 1900. This provision gives the court the ability to make a more appropriate order when dealing with offenders with mental illness.

Mental health provisions and outcome

Given SF’s lack of mental stability, lawyers from O’Brien Criminal and Civil Solicitors argued that it was more appropriate to deal with SF’s matter via the mental health provisions as opposed to the Crimes Act.

A psychologist was brought into court who presented a mental health report indicating that SF suffered from schizophrenia. His partner was supportive of SF receiving treatment for his mental health which the court took as a relevant consideration. The court granted an application for SF to complete treatment under section 32.

Mount Druitt Local Court

Mount Druitt Local Court, where O’Brien Criminal and Civil Solicitors client faced domestic violence assault charges.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961