*We have changed the name and other details to protect our client’s identity.
This case involved our client, Sarah*, who was charged with possession of a forged prescription. However, our forgery lawyer criminal team submitted a Section 14 application for Sarah. As a result, the court dropped all charges.
Sarah was a studious person and a high achiever. Despite battling several mental health conditions, she continued to work hard in school.
In this case, our forgery lawyer got a psychological report which indicated that Sarah had previously been diagnosed with depression and ADHD. Furthermore, she was still ongoing treatment for these conditions at the time of the offending.
Lawyer for forgery and drug misuse charges NSW
The offences in this case related to the following laws:
– Poisons and Therapeutic Goods Act 1966 Section 16 (possession of a forged prescription).
– Drug Misuse and Trafficking Acts 1985.
Forgery charges dropped
In this matter, our client visited a pharmacy in Manly*, Sydney. She handed the pharmacist a prescription. The prescription was under the name of Sarah’s friend. However, Sarah had her friend’s identification.
Later, the pharmacist claimed she had forged the prescription as there were too many errors.
As a result, the pharmacist called the police. When retrieving evidence for the case, police collected CCTV footage, the transaction receipt/record and a copy of the prescription.
The police visited Sarah’s residence. Finally, the police charged Sarah with forgery.
Criminal charges dropped after submitting a Section 14 application
However, our forgery lawyer got the court to drop all charges against our client. As Sarah suffered from several mental health conditions, we were to able to file a Section 14. On the grounds that she had previously consulted a therapist and received treatment for her illnesses, she was not charged with the offence of forgery.
Sarah could have faced up to 6 months imprisonment, 20 penalty units, or both.
As part of the instructions from the judge, Sarah has to follow through with a treatment plan.
Charge Dismissed on Mental Health Grounds NSW
- How do you get charges dismissed on mental health grounds.
What is a Section 14 application?
Under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, a judge can make an order to dismiss a criminal charge and discharge a defendant. When considering such an order, Section 14 states that a Magistrate may consider the nature of the defendant’s mental health impairment or cognitive impairment.
To pursue a successful application under Section 14, it is necessary to demonstrate a ‘mental health impairment’ that influences your thought processes, emotions, or emotional management. However, another avenue for a successful application involves proving a ‘cognitive disability,’ impacting your thinking, communication, understanding, and memory. It is advisable to consider presenting this application early on during your court proceedings.
Need a forgery lawyer or drug misuse lawyer?
If you need legal representation, for forgery or drug misuse charges, get in contact today. Our highly experienced lawyers can assist you. Book a free consultation today with a lawyer from our Sydney office. Call: 02 9261 4281 or email: .
