Mount Druitt Local Court

Mental Health Defence for Assault Charge

Charged with domestic violence assault occasioning actual bodily harm

SF was involved in a domestic dispute with his partner in Sydney’s western suburbs. Consequently, police charged him with assault occasioning actual bodily harm under Section 59 Crimes Act 1900 .

Plea of guilty at Mt Druitt Local Court with defence on mental health grounds

He pleaded guilty before Mt Druitt Local Court and admitted to the facts that occurred. SF had a history of mental illness and criminal defence lawyers from O’Brien Criminal and Civil Solicitors sought an order under Section 32 Mental Health (Forensic Provisions) Act 1900. This provision gives the court the ability to make a more appropriate order when dealing with offenders with mental illness.

Mental health provisions and outcome

Given SF’s lack of mental stability, lawyers from O’Brien Criminal and Civil Solicitors argued that it was more appropriate to deal with SF’s matter via the mental health provisions. The alternative was dealing with it under the Crimes Act.

A psychologist came into court who presented a mental health report indicating that SF suffered from schizophrenia. The accused’s partner was supportive of SF receiving treatment for his mental health. This fact the court took as a relevant consideration. The court granted an application for SF to complete treatment under section 32.

Mount Druitt Local Court
Mount Druitt Local Court, where O’Brien Criminal and Civil Solicitors client faced domestic violence assault charges.



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

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