AJ was charged with ‘Common Assault’. He pleaded ‘not guilty’ to the offence and his matter was listed for Hearing.
Prior to the Hearing commencing, Chris Cole made an application pursuant to section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 to divert AJ’s matter into the mental health regime, instead of being dealt with in accordance with law.
AJ suffered from Major Depressive Order, Generalised Anxiety Disorder and ADHD. Chris tendered a psychological report as well as a certificate from AJ’s treating counsellor, and made oral submissions in support of the section 14 Application. Ultimately, the Presiding Magistrate granted the Application and dismissed AJ’s charge on the condition that he adhered to the treatment plan tailored for him.
This is a good result for AJ as his charge was dismissed without proceeding to a Hearing.