LV was charged with a number of offences including common assault domestic violence related, contravene domestic violence order and stalk / intimidate with intent to cause fear of physical or mental harm.
LV was struggling significantly with mental health issues. Chris Cole made a s14 Application on behalf of LV at the Hearing and made powerful submissions as well as tendered supportive psychiatrist reports. The Application was successful, and his Honour determined that the charges of contravene AVO and stalk / intimidate be dismissed on the condition that LV adhere to a Mental Health Treatment Plan.
In regard to the common assault charge, his Honour determined it was not appropriate to deal with under the mental health diversion. Chris made submissions on Sentence and his Honour ultimately placed LV on a community corrections order for 2 years without a conviction.
Chris lodged a conviction appeal on behalf of LV on the grounds that LV should be diverted to the mental health regime. At the Appeal Hearing Chris tendered supporting material and made oral submissions in support of the matter being dealt with under the mental health regime. His Honour agreed and the charge of assault was dismissed on the condition that LV adheres to a Mental Health Treatment Plan.
This was a fantastic outcome for LV, as she is able to keep a clean record, as well as receive assistance for her mental health whilst in the community.