Significant amount of charges withdrawn due to a successful Section 14 application

What led to a Section 14 Application for a mental health issue?

Police charged Annette with nine offences. Specifically:

  • three counts of assault occasioning actual bodily harm;
  • three counts of assault police officer in execution of duty,
  • and three counts of resist officer in execution of duty.

These charges arose out of an incident where Annette, while drug affected, committed these alleged nine offences. The background is police went to her premises because they received reports of yelling. On arrival, police witnessed Annette passed out on the ground with a friend trying to assist her. Paramedics also then attended, inserted a cannula into her arm, and administered a drug to reverse the effects of a suspected opioid overdose.

Annette came around and was initially calm. However, as police tried to help her to her feet, she became agitated and began arguing with the police. They then detained her under the Mental Health Act.

Police drop 8 charges for a single guilty plea

Our solicitor liaised with police and sent them representations. The request was: if Annette pleaded guilty to the single charge of resist officer in execution of duty, would they drop the remaining eight charges? The prosecution examined the evidence carefully and determined that our solicitor’s offer in the representations acceptable.

Should someone under a Mental Health detention face charges?

Once the prosecution accepted the representations, our solicitor commissioned a report from a psychologist to have her matter proceed by way of a Section 14 application.

Section 14 Application

Annette pleaded guilty to the one charge. Then, because of the persuasive and convincing submissions our solicitor made in court, she was diverted to the health system. The Section 14 Application was successful.

*We change names to protect the identity of our clients. 


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

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