Client given Community Treatment Order – SM

Read about how one of our criminal defence lawyers assisted a client in making an application for a mental health order

Client repeatedly screamed and banged on victim’s window

Mental Health Section 32 OrderAt 6:30pm on the night in question, SM approached the front door of the victim’s house. She began banging on the front window screaming at the victim and his family. The victim called the police before SM left the residence.

At 7:30pm 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. At 8:15pm SM returned to the victim’s house again. She started screaming and banging on the victim’s window but this time she broke the window.

Client charged with assault and resist arrest

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.

Successful Section 33 application

The defence lawyer made an application for SM’s matter to be dealt with under section 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 have been charged with a criminal offence and require assistance in making an application for an appropriate mental health order, speak to one of our criminal defence lawyers today. Call us on (02) 9261 4281 to book a free initial consultation. 


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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