AM was charged with ‘Intentionally or recklessly destroy / damage property domestic violence related’ contrary to s195 (1) Crimes Act 1900. The maximum Sentence for this offence is imprisonment for 5 years if dealt with in the Local Court.
AM was suffering from several mental illnesses prior and during the period of the offence. Chis Cole represented AM, lodging a Section 14 Application in the Local Court. A charge may be dismissed under Section 14 Mental Health and Cognitive Impairment Forensic Provision Act 2020 if the person suffers from a mental health or cognitive impairment. In support of the application Chris tendered a Psychiatric report and Mental Health Treatment Plan on AM’s behalf. He then made oral submissions that it would be more appropriate to divert AM’s matter to be dealt with under the health system.
After careful consideration the Magistrate allowed AM’s matter to be diverted away from the criminal justice system under the orders that AM comply with the treatment plan proposed by his psychiatrist for a period of 12 months.
This is a great outcome for AM, as he is able to access treatment in the community and has avoided a criminal record.