BT was charged with ‘Use carriage service to menace/harass/offend’, contrary to s 474.17(1) Criminal Code Act 1995. The maximum Sentence for this offence is a term of 12 months imprisonment, if dealt with in the Local Court.
BT has difficulty understanding social cues and norms, also suffering from a number of mental illnesses. Chris Cole represented BT, lodging a Section 20BQ Application in the Local Court. A charge may be dismissed under Section 20BQ of the Crimes Act 1941 (Cth) if a person is found to be suffering a mental illness or intellectual disability. In support of the application Chris tendered a psychological report and Mental Health Treatment Plan on BT’s behalf. He then made oral submissions that it would be more appropriate to divert BT’s matter to be dealt with under the health system.
After careful consideration the Magistrate allowed BT’s matter to be diverted away from the criminal justice system under the orders that BT comply with the treatment plan proposed by his psychiatrist for a period of 12 months, and that his GP would supervise the treatment plan for the relevant period.
This is a fantastic result for BT, as he is able to access treatment in the community and has avoided any criminal record.