Domestic violence charges diverted under a Section 14 Application for young women
Police charged Erica with five quite serious offences relating to domestic violence
She was charged with:
- armed with intent
- intimidation
- reckless wounding
- two counts of property damage
Background:
Before the incident occurred, Erica had,,, heated discussions with her mother and brother in relation to incidents that have occurred in her past, pushing the blame onto them. Things calmed down but then Erica and her brother purchased and consumed a substantial amount of alcohol. After having a drink, things got out of hand and threats were made, pushing and shoving occurred, and Erica grabbed a pair of scissors and threatened to stab her mother and brother. The mother called “000” and the police attended, placing Erica under arrest, and charged her.
Issue: Should Erica be convicted of serious domestic violence charges, or would she be better suited being diverted to the health system for treatment?
Outcome:
On the day of Erica’s Hearing before the Local Court our criminal solicitor tendered a Clinical and Forensic Neuropsychotherapist Report (along with letters from numerous other medical practitioners). The Magistrate determined that both charges of intimidation and property damage divertk k’ to the mental health system under a Section 14 Application.
After successful negotiations with the Prosecutor at the Hearing, charges of armed with intent and property damage were withdrawn.
Finally, the charge of reckless wounding was unproven by the Prosecutor to the criminal standard of beyond a reasonable doubt.
As such, Erica was not convicted of any of the offences she was charged with. She was extremely pleased with the result we attained for her, and is now receiving the health treatment that she requires.
If you or a loved one believes that you require assistance with a Section 14 application, please contact O’Brien Criminal and Civil Solicitors. Our criminal practice is experienced in these types of matters.
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