O’Brien Criminal & Civil Solicitors achieved a significant win for Debra. She faced charges of common assault and intimidation with intent to cause fear. We successfully filed a Section 14 application on her behalf. Her charges exact criminal charges were:
- Common Assault – Section 61 Crimes Act,
- Stalk/intimidate with intent to cause fear physical etc harm – s 13 Crimes (Domestic and Personal Violence) Act 2007.Â
Common assault Charges
These offences stemmed from a heated argument with a family member. The police charged her and placed an AVO against her, classifying the offenses as domestic violence. This classification meant the court had to impose either full-time detention or a supervised order.
Pleading not guilty to common assault using Section 14
Debra pled not guilty to both charges. O’Brien Solicitors stepped in to defend her. They successfully negotiated with NSW Police, who agreed to drop one of the charges. This negotiation was a crucial first step in Debra’s defence.
Criminal defence lawyers using Section 14
Next, O’Brien Solicitors made a Section 14 application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). They provided a comprehensive briefing to a psychologist to draft a report. This report detailed Debra’s background, her mental health struggles, and the reasons she should be diverted from the criminal justice system. Furthermore, the legal team contacted all of Debra’s treating providers to gather letters supporting the application.
The team prepared detailed written submissions and presented a strong oral argument in the Local Court of New South Wales. The Magistrate was convinced. They granted Debra’s section 14 application. This decision meant she avoided a conviction. Instead, she could focus on engaging in treatment, rather than facing imprisonment or supervision by Community Corrections.
Leading criminal defence for common assault using Section 14
In summary, Debra’s case in Waverley Local Court ended with a positive outcome. She faced serious charges, but thanks to O’Brien Solicitors’ expert representation and strategic approach, she was granted a section 14 application. This allowed her to prioritize her mental health treatment instead of undergoing a term of imprisonment.
If you or someone you know is in a similar situation, it’s vital to seek professional legal advice. Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. Alternatively, you can email us at . We can also set up a free appointment in some cases* with our civil lawyers in our Sydney office.
Read our other successful Criminal Defence Case Studies.
*We changed the client’s detail to protect their privacy.
