Successful Mental Health (Section 14) Application Before Hearing Of Common Assault Charge

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.

Not guilty of two counts of Common Assault

LD was charged with a count of ‘Excluded person re-enter licensed premises’, contrary to section 77 of the Liquor Act 2007, and two counts of ‘Common Assault’, contrary to section 61 of the Crimes Act 1900. LD entered a guilty plea on re-entering a licensed premises after being excluded and the remaining offences were defended.
Chris Cole acted for LD at his Hearing. The prosecution relied on the evidence provided by the complainants and a CCTV footage that captured the incident. Chris called LD to give evidence to establish self-defence. Submissions were then made by each of the Prosecution and Defence.

The Magistrate ultimately found LD, ‘not guilty’ of each of the offences of common assault and both offences were dismissed. With respect to LD’s guilty plea on re-entering a licensed premise after being excluded, the Magistrate fined him the sum of $1,100.00.

LD was very pleased with the outcome of his matter, noting that the maximum penalty for a common assault is 2 years imprisonment and the maximum fine for the other offence is $5,500.00

Plea Offer Accepted

SA was charged with seven offences, namely, (1) ‘Menacing driving’, contrary to section 118(1) Road Transport Act 2013, (2) ‘Negligent driving’, contrary to section 117(1)(c) Road Transport Act 2013, (3)’Stop on path/strip’, contrary to section 197(1) Road Rules 2014, (4) ‘Not give particulars to other driver’, contrary to section 287(1) Road Rules 2014, (5) ‘Common Assault’, contrary to section 61 Crimes Act 1900, (6) Stalk/intimidate intend fear physical harm’, contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007, and (7) Use of offensive weapon with intent to commit indictable offence’, contrary to section 33b(1)(A) Crimes Act 1900.

SA sought Chris Cole’s legal advice and representation. Chris successfully negotiated a plea offer that SA would enter pleas of guilty to menacing driving, common assault and park on nature strip on the basis that the remaining offences were to be withdrawn.

At Sentence, Chris tendered various medical materials and made oral submissions, primarily focusing on SA’s mental state and nexus between his mental state and his offences. The Sentencing Magistrate accepted these materials and found that SA’s moral culpability was significantly reduced, due to his mental illness. The Magistrate placed SA on a Community Corrections Order for 6 months with respect to the common assault, and on another Community Corrections Order for 14 months with respect to menacing driving, which was to be served concurrently. The Magistrate convicted SA with no further penalty with respect to park on nature strip. The Magistrate also disqualified SA from driving only for a period of 12 months, that being the minimum period of disqualification for his offence.

This is a very pleasing result for SA as it allows him to comply with his medication regime.