O’Brien Criminal & Civil Solicitors successfully defended our client, Rick*, who was charged with intentionally distributing an intimate image without consent (domestic violence-related). Despite the seriousness of the charge, our legal team secured a Section 14 mental health diversion, avoiding a criminal conviction and enabling Rick to continue receiving treatment and parenting support.
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Distributing an intimate image charge
Rick was charged with intentionally distributing an intimate image without consent (domestic violence-related) under Section 91Q(1) of the Crimes Act 1900 (NSW).
After an earlier failed attempt to resolve the matter, Rick came to O’Brien Criminal & Civil Solicitors for representation. Our criminal lawyers gathered extensive evidence of Rick’s mental health history. Our criminal lawyers in Sydney successfully argued for the charge to be dismissed under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
What happened?
Rick was facing a serious charge: intentionally distributing an intimate image without consent etc (domestic violence-related), a criminal offence under Section 91Q(1) of the Crimes Act 1900 (NSW).
The offence was distressing for the complainant, and initially, Rick had unsuccessfully applied for a Section 14 diversion.
After this setback, Rick contacted our law firm in Sydney. Our criminal defence team reviewed his background and mental health challenges. Rick had been seriously struggling with the breakdown of his relationship, which contributed to a deterioration in his mental state. A diagnosis of a major mental health condition, supported by psychiatric evidence, helped his case.
Importantly, while the offence was serious, the distribution of images was limited. We worked closely with Rick’s drug and alcohol counsellor and commissioned a report from appropriate experts. In court, we argued that diversion would not only benefit Rick, but also the family unit, as he would continue co-parenting with the complainant. Our submissions highlighted that long-term mental health treatment would better serve the public interest than a conviction.
Decision: Distributing an intimate image charge
The District Court NSW accepted our arguments and allowed the Section 14 application. Rick’s charge for intentionally distributing an intimate image without consent was dismissed. He was diverted into mental health treatment, avoiding a conviction entirely.
Need a lawyer for distributing an intimate image charge?
Facing a charge like intentionally distributing an intimate image without consent can feel overwhelming, especially when mental health issues are involved. O’Brien Criminal & Civil Solicitors understands the law, the system, and the importance of compassionate, strategic defence.
Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
