GS was charged with two offences namely, ‘Intentionally or recklessly destroy/damage property’, contrary to section 195(1)(a) Crimes Act 1900, and ‘Unlawful entry on inclosed lands’, contrary to section 4(1)(b) Inclosed Lands Protection Act 1901.
GS was diagnosed with First Episode Manic Psychosis of Bipolar Affective Disorder. His treating psychiatrist formed the opinion that he was in the midst of the first episode of his illness at the time of the offence. He was of the view that the offending behaviour was a direct consequence of the mental condition GS was suffering from.
GS made a section 32 application pursuant to Mental Health (Forensic Provisions) Act 1900 for his matter to be dealt with under the Mental Health (Forensic Provisions) Act 1900 instead of under the criminal justice system.
During section 32 Hearing, Chris Cole tendered materials on GS’s behalf including a medical report by GS’s treating Psychiatrist and a letter from a doctor in Mental Health Acute Care confirming they were supervising GS’s compliance with his treatment plan.
Her Honour accepted the treating psychologist’s expert opinion and accepted that GS was suffering from a mental illness, and that it was more appropriate that his matter be dealt with under the Mental Health Act than the criminal justice system.
Ultimately, the offences were dismissed, and GS was discharged upon entering a treatment plan for 6 months supervised by his doctor.
