The Queen v LA
LA was charged with two counts of 'stalk and intimidate' contrary to the Crimes (Domestic and Personal Violence) Act 2007. He was refused bail by the Local Court Magistrate.
After six months, LA was granted bail in the Supreme Court. The matter proceeded to a hearing pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990. Essentially Mr Cole asserted that due to LA's state of mental health, under the relevant legislation his charges should be dealt with at the Magistrate's discretion.
The presiding Magistrate made orders that LA be discharged into the care of his treating GP and psychologist. He was able to avoid a criminal conviction. This was a fantastic result for the client as the nature of the charges against him were very serious, with a maximum term of imprisonment of 5 years.