Charge of 'destroy or damage property' dismissed under Mental Health Act

The Queen v TF

TF was charged with one count of 'destroy or damage property' contrary to the Crimes Act 1900

The facts involved TF damaging the glass of a bus shelter whilst under the influence of alcohol and cannabis. Police called an ambulance for TF and he underwent a mental health assessment.

William O'Brien represented TF, and persuaded the presiding magistrate to deal with TF under section 32 of the Mental Health (Forensic Provisions) Act 1900. Section 32 notes that persons suffering from a mental illness or impairment may be dealt with as the magistrate deems appropriate. 

TF had his charges dismissed, and was ordered instead to continue with his psychologists' treatment plan and regular therapy. This was a fantastic result as he was able to avoid a criminal record.