KC was charged with serious violence offences, namely, ‘Assault occasioning actual bodily harm’, ‘Common assault’ (as an alternative offence), ‘Assault police officer in execution of duty; and ‘Hinder/resist police officer in execution of duty’ (as an alternative offence).
Chris Cole entered pleas of guilty to the lesser alternative offences on behalf of KC. Chris successfully negotiated the withdrawal of the more serious offences through Police Representations to withdraw. Subsequently, Chris made an application pursuant to section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 so that KC could be dealt with under the mental health regime, instead of being dealt with in accordance with law for sentencing.
Chris relied on a psychological report as well as other subjective materials in support of KC’s application to be discharged into the care of her treating team. Ultimately, the Presiding Magistrate was satisfied that it was more appropriate to dismiss KC’s matters on the condition that she complies with the treatment plan as proposed by her psychologist for 12 months.
This is a very pleasing result for KC noting that this meant no criminal conviction was recorded.