April 8, 2019

JC – Client has charges dismissed after section 32 report

Keywords: Assault officer in the execution of his or her duty – section 58, Crimes Act 1900; Resist police/hinder police/incite another to assault/resist/hinder police – section 546C, Crimes Act 1900; Persons suffering from mental illness or condition or cognitive impairment – section 32, Mental Health (Forensic Provisions) Act 1990

Facts:

JC was charged with one count of assaulting an officer and two counts of resisting police officer in the execution of their duty. JC was intoxicated at the time of the offence.

Outcome:

O’Brien Criminal and Civil Solicitors successfully acted for JC. His Honour found all offences against JC proved at Waverly Local Court. However, we tendered subjective material on behalf of JC after the hearing for His Honour found that JC was suffering from a mental illness at the time of the offence and dismissed the charges under section 32 of the Mental Health (Forensic Provisions) Act.