JS was charged with ‘Stalk or intimidate intending to cause fear of physical or mental harm’ contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 and ‘Common Assault’ contrary to the Crimes Act 1900.
JS had unfortunately been attacked less than one month prior to his offence, triggering the exacerbation of his existing severe multiple mental health conditions.
James Castillo represented JS at the Downing Centre Local Court, making an application under section 32 Mental Health (Forensic Provisions) Act. James Castillo tendered materials from JS’ psychiatrist and occupational therapist, and made oral submissions on his behalf.
His Honour accepted the application made by James Castillo, exercising his discretion under section 32(3) Mental Health (Forensic Provisions) Act. Ultimately, His Honour dismissed both on the condition that JS comply with the treatment plan proposed by his psychiatrist.
This was a great result for JS as both charges were dismissed and he was able to continue his psychiatric treatment.