My client was charged with stalking/intimidation, assaulting a police officer in the execution of their duty and common assault. My client was concerned about a a criminal penalty depriving him of his liberty and having long lasting effects on his employment prospects.

Following advice, my client plead not guilty. Through negotiations with the the prosecution, the prosecution agreed to withdraw the assaulting a police officer in the execution of their duty and common assault charges if my client plead guilty to stalking/intimidation. My client subsequently plead guilty to stalking/intimidation with the other charges being withdrawn by the proseuction.

My client made an application to be diverted away from the criminal justice system pursuant to mental health grounds. After lengthy submissions, His Honour was satisfied that my client was an appropriate vehicle to divert from the criminal justice system and the public interest would be served by doing so. Subsequently His Honour ordered that my client’s charge be dismissed pursuant to mental health grounds.

This was a great result for my client who was able to leave court without a conviction and maintain his clean criminal record.

My client was charged with assault occassioing actual bodily violence (domestic violence) and damaging property (domestic violence). In the Local Court, my client received a conviction.

After approaching me and following advice, my client embarked on a severity appeal in the District Court for the purposes of making a mental health diversion application.

During submissions to Her Honour, arguments surrounding why the public interest would be served if my client was diverted from the criminal justice system were ventilated. Her Honour was ultimately satisfied that my client would be a suitable vehicle for diversion and that to be dealt with at law would not be in the public interest. As such, Her Honour granted the application pursuant to section 14 Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).

This was a great result for my client who was able to leave court without a conviction as a result of this criminal offending.

My client was charged with intimidation which he denied committing, despite the complainant being adamant that he had done so. The complainant provided evidence from her mobile phone surrounding the allegations. Following advice, my client plead not guilty.

During cross examination of the complainant, evidence was provided as to her actions after the alleged act of intimidation which appeared to demonstrate that she had not been intimidated by the complainant. The complainant had made other claims of impropriety against my client which was able to be rebutted through third party evidence.

Submissions were made to the learned Magistrate concerning doubts regarding the complainants assertions and why the criminal standard of beyond reasonable doubt could not be met on the basis of the evidence adduced by the prosecution.

Ultimately Her Honour was satisfied that the prosecution had not proved the charge beyond a reasonable doubt. Subsequently, the criminal charge and related apprehended domestic violence order (AVO) were dismissed.

My client was charged with assault occasioning actual bodily harm arising out of a domestic dispute. It came to light that my client had some underlying mental health issues and as such, he was referred for a comprehensive evaluation. It was found that he suffered from a mental health disorder which contributed to the offending. My client agreed to undergo treatment.

During sentencing, my client’s mental health ailments were highlighted to the Magistrate and a mental health diversion application was made. After hearing arguments and despite opposition from police, Her Honour accepted that my client suffered from the mental health ailment and that there was a causal connection to the offending behaviour. Her Honour also accepted that a comprehensive treatment plan was prescribed. Her Honour determined that it was ultimately in the public interest that my client be diverted from the criminal justice system under mental health legislation.

This was a great result for my client who can now commence his treatment plan and is able to continue his life without a conviction/criminal record.

My client was charged with possession of an illicit drug, and driving with an illicit drug present in oral fluid on two other occasions. My client was a professional and was concerned about the impact that these criminal charges could have upon his career. My client underwent a psychological evaluation and subsequently a mental health application was made at Burwood Local Court.

During the application, submissions were made concerning the considerations that must be given when a Magistrate considers exercising their discretion and diverting a mentally disordered offender from the criminal justice system. Submissions included consideration of the cases of DPP v El Mawas [2006] NSWCA 154 and Confos v DPP [2004] NSWSC 1159 which considered the former mental health legislation prior to the 2020 amendments.

Ultimately His Honour was satisfied that it was in the public interest to divert my client away from the criminal justice system and place my client on the proposed treatment plan.

A great result for my client who can now focus on his rehabilitation without any criminal record.

My client was found guilty of assault occasioning harm, common assault and stalk/intimidate. My client was also charged with a further offence of breaching an apprehended domestic violence order (AVO) to which he pled guilty.

My client was concerned about the impacts of a criminal record (criminal conviction) upon his future prospects. Following advice, my client engaged a forensic psychologist to perform a psychological evaluation upon him. This evaluation was used in an application to divert my client away from the criminal justice system pursuant to section 14 of the Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).

During the application, submissions were made to the learned Magistrate concerning the legal criteria around diverting my client away from the criminal justice system including the public interest in diverting my client, the connections between my client’s offending behaviour and his mental health ailments and why treatment for his mental health ailments would not only benefit my client, but the community.

Ultimately Her Honour was satisfied that my client should be diverted under mental health legislation and ordered as such.

This was a great result for my client who despite being guilty of four domestic violence offences, is able to continue his rehabilitative efforts with no criminal record.

My client was charged with affray arising out of an inner city physical dispute at a bar. Affray is a relatively serious charge which carries a maximum penalty of 10 years imprisonment. After receiving a conviction/criminal record in the Local Court, my client followed advice and appealed to the District Court and sought to be diverted under a section 14 of the Mental Health And Cognitive Impairment Provisions Act 2020 (NSW) legislation.

During an extensive appeal in the District Court, various submissions were made concerning the causal connection between my client’s mental health ailments and the offending. Ultimately despite the prosecution opposing the diversionary application, His Honour was satisfied that my client was suitable for a mental health diversion and as such granted our application. This was a great result for my client who can now maintain his criminal free record and obtain the professional assistance with his mental health that he requires.

My client was charged with stalk/intimidate contrary to the Crimes (Domestic and Personal Violence Act) 2007. Following advice, my client underwent a psychological assessment and subsequently a section 14 mental health diversion application was made.

During the application, submissions were made concerning the impact my client’s mental health ailments had on his offending and why he would not be a suitable person to be made an example of to the community with a criminal penalty.

Ultimately His Honour was satisfied that my client was suitable for a mental health diversion under section 14 of the Mental Health and Cognitive Impairment Provisions Act 2020 and as such diverted my client away from the criminal justice system.

A great result for my client who leaves court with no criminal record and strong prospects of rehabilitation.

My client was charged with stalk/intimidate contrary to section 13(1) of the Crimes (domestic and Personal Violence) Act 2007 (NSW). This charge came out of the breakup of a long term relationship with my client’s former partner making a statement to police regarding my client’s conduct.

Following advice, my client plead guilty and made an application under section 14(1) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). I discussed the matter with prosecutors and made submissions in court. After submissions, His Honour decided to divert my client and not sentence him according to law. This was a great result for my client who avoided a criminal record. This allows my client to continue his career without needing to explain a criminal record to any future employers.

My client was charged with two counts of assault with one being upon a child. My client was a highly qualified individual possessing a Masters of Business Administration (MBA) amongst other qualifications. My client was concerned about how their actions in the assault would now have an impact upon their future career and travel endeavours. Following advice, my client underwent a psychological assessment and subsequently made an application to be diverted under mental health legislation. Despite this application being opposed by the prosecution, His Honour was persuaded that this was the appropriate action to take and as such granted the mental health diversion application.

This means that my client was ordered to undergo treatment with a forensic psychologist to address the criminogenic behaviour that contributed to the offending.

This was a great result for my client and the community. It means that my client did not receive a criminal record and the community benefits by the chances of my client re-offending being lowered by undergoing the psychological treatment.

My client was charged with spitting at and slapping their partner.

My client realised the effects that a criminal conviction could have upon their career and future employment prospects.

Following advice, my client engaged a forensic psychologist.

At court, submissions were made to the learned Magistrate concerning the efforts my client had undertaken post the event to address their mental health issues and why a conviction should not be recorded in my client’s case. Ultimately Her Honour was persuaded that this was the correct approach and diverted my client away from the criminal justice system under a mental health treatment plan known as a “section 14”.

This was a great result for my client who can now continue their rehabilitation and are able to pursue all their career ambitions with the domestic violence charge being “dismissed”.

My client was charged with assault occasioning actual bodily harm and damaging property arising out of a domestic dispute. My client was concerned about the possibility of jail given his criminal history.

Different options were discussed including pleading guilty, pleading not guilty or seeking a mental health diversion. Ultimately, following advice, my client decided to plead guilty. Upon sentencing, submissions were made to the learned Magistrate concerning the actions that my client had taken in order to try and remedy the source of tension which led to this offending. Further submissions were provided concerning why the purposes of sentencing would not be achieved via the imposition of a custodial sentence. Ultimately Her Honour was satisfied that a custodial sentence was not warranted in my client’s matter. A great result for my client who can now continue on with his life in the community.

My client was charged with 13 domestic violence charges including assault occasioning actual bodily harm, stalk/intimidate and common assault. My client plead not guilty but was found guilty by the learned Local Court Magistrate.

Following advice, my client appealed to the District Court and made a mental health diversion application. Submissions were provided to the learned District Court Judge regarding why the law allowed my client to be dealt with in this manner, why my client should not be made an example of to the community, and why the community would benefit from my client being diverted away from the criminal justice system. Following a long deliberation, His Honour was of the view that the community would benefit if my client was diverted away from the criminal justice system and dealt with under Mental Health legislation. This meant that the 13 charges against my client were dismissed, meaning no criminal penalty and no criminal record.

This was a great result for my client who was initially facing jail time after being found guilty of 13 charges.

During a Saturday night, police were patrolling Hotel Bondi targeting drug related crime. When my client saw police, he made a quick walk to the toilets but was stopped by plain clothes police. My client was subsequently searched and found to be in possession of cocaine. He was subsequently charged with possessing a prohibited drug contrary to section 10(1) of the Drug Misuse & Trafficking Act 1985 (NSW)  and summoned to appear at Waverley Local Court.

My client contacted me concerned about what implications this drug possession could have for his work, his visa and any future travel plans. After reviewing his case, my client followed advice to plead guilty. Upon sentencing, submissions were provided to the learned Magistrate concerning my client’s subjective features, his mental health issues and the context which led to the offending behaviour. Ultimately His Honour was satisfied that the purposes of sentencing could be achieved without subjecting my client to a conviction. This was a great result for my client who can now continue his life knowing that he does not have a criminal conviction in his record.

My client was selling commercial quantities of MDMA. Unbeknownst to him, the buyer was an undercover police officer. My client was subsequently arrested, charged and remanded into custody.

My client approached me for advice. After reviewing his case, I negotiated with the Office of the Director of Public Prosecutions (ODPP) to downgrade and lower the charges. Once this occurred, my client then plead guilty.

Upon sentencing, submissions were provided to His Honour concerning my client’s subjective circumstances including his background, his mental health issues and his rehabilitative efforts in custody after being arrested. His Honour was satisfied that with time served in full-time custody, my client deserved to serve the remainder of his sentence in the community subject to an Intensive Correction Order. A great result for my client who was released from custody on the day of his sentence. My client can now continue his rehabilitative efforts, including addressing his mental health issues and embark on being a law abiding citizen. A great result for my client!

My client was charged with separate domestic violence incidents which occurred on different days with the same victim. My client didn’t know what to do as his career and livelihood were in jeopardy. Following my advice, my client plead guilty and underwent a psychological evaluation. Subsequently an application to divert my client away from the criminal justice system under mental health legislation was made to the Court.

Submissions were prepared for Court concerning why it was in the public interest that my client be diverted and why the relevant case law precedents assisted the Court in determining that my client should be diverted under mental health legislation. Ultimately, the Learned Magistrate was satisfied that it was appropriate to divert my client and a mental health diversion was ordered.

This diversion allows my client to embark on rehabilitative efforts without any custodial time, community service, financial penalty or criminal record.

At Parramatta Local Court, my client was charged with stalk or intimidate intending to cause fear of physical or mental harm arising out of a domestic relationship, contrary to section 13(1) Crimes (domestic and Personal Violence) Act 2007 (NSW). My client was concerned about the punishment for this offence and his future career prospects given the charge.

Upon my advice, my client plead guilty and undertook a psychological evaluation. Subsequently I made an application to the Court for the matter to be dismissed pursuant to mental health provisions. This is also known as a section 32 dismissal pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Ultimately His Honour was satisfied that my client was suitable for a diversion under mental health legislation which means that the matter is marked as dismissed and no criminal record is afforded to my client on the condition that my client undertake appropriate mental health treatment.

This was a great result for my client who can now focus on his rehabilitation and future career.

Affray is a serious charge as set down by Parliament carrying a maximum penalty of 10 years imprisonment.

My Client had left an entertainment venue where he had taken a backpack that didn’t belong to him. The owner of the backpack left the entertainment venue and confronted my client. A fight ensued where a knife was allegedly pulled out by the owner of the backpack. A relatively serious physical fight then took place with many onlookers who called police. When police arrived, my client was arrested and charged with numerous offences.

My Client approached us for advice and representation. In my client’s criminal history, he had had charges for similar offences in the past. We entered into negotiations with the prosecution who subsequently withdrew some of the charges leaving my client with just an affray and larceny charge.

Upon advice, my client plead guilty and during sentencing an extensive subjective case was presented to the Magistrate concerning my client’s mental illnesses and the rehabilitative efforts my client had taken since the event occurred. We also provided submissions on the objective seriousness of the offence concerned and why it was at the lower end of charges of this nature.

Despite having been sentenced to a Community Corrections Order in the past for the same offence, Her Honour was persuaded that the appropriate sentence in this matter would be for a further Community Corrections Order with no jail, community service and/or financial penalty. A great result for my client who can now continue with his rehabilitative efforts to cure his mental health ailments.

My Client was stopped by police in a known drug area. Police subsequently searched his car and located an amount of cannabis and oxycodone. My Client admitted possessing the substances to police. He was subsequently charged with two counts of possessing a prohibited drug.

In my client’s criminal history dating back to 1989, he had received multiple findings of guilt for stealing, drug possession, breaching an apprehended violence order, assault occasioning actual bodily harm, obtaining money by deception, breaching bail, and had previously received a jail sentence of 3 years in full time custody.

My Client had been crime free for 10 years (which meant that his past convictions had been spent and no longer appeared on his record) and as such, he was concerned about receiving convictions for these new drug offences.

Given my client’s record, it is difficult to ask the court for leniency and not to record a conviction. Nonetheless, we set about trying to obtain the best sentencing result for my client. Upon advice, my client plead guilty and sought professional assistance for his mental health issues. A strong subjective case was presented to the Court concerning my client’s mental illnesses. Submissions were made to the Magistrate that my client would not be the appropriate vehicle for general deterrence and leniency should be afforded to him during sentencing. The Magistrate accepted our submissions and decided not to record a conviction for both drug possession charges for my client. A great result for my client which allows him to continue crime free record (for the past 10 years) which will assist him with employment and travel opportunities post-COVID.

My Client went with a couple of his friends to another person’s house over a financial dispute. Upon arriving at the person’s house, members of the group banged on the door loudly and my client shouted at the victim to come outside. The group tried to barge their way in but were stopped by the victim. My Client abused and threatened the victim. My Client eventually left but threatened the victim that he would come back.

The next day, my client threatened the victim via the Internet.

Police investigated, attended my client’s house, placed him under arrest and charged him with stalk or intimidate intending to cause fear of physical or mental harm and use carriage service to menace/harass/offend.

We represented my client at Hornsby Local Court and provided submissions to the Magistrate concerning my client’s mental health, why he should not be made an example of to the rest of the community and the rehabilitative efforts that my client had made since the offending. Her Honour was persuaded that no conviction should be recorded against my client for both charges and dismissed both charges on the condition that my client enter into a bond. A great result for my client who can now get on with his life and rehabilitative efforts.

My Client was accused of ‘up-skirting’, as the name would suggest, taking a photo of someone’s private parts up their skirt. The incident is alleged to have occurred at a bar and a report was made to police. My Client had previously been charged and found guilty for the same offence on 5 separate counts. Police Detective’s conducted a search warrant upon my client’s house and seized his mobile phone.

My Client was charged with intentionally recording intimate images without consent. This charge carries a maximum term of imprisonment of 3 years.

Upon consulting my client, and upon advice, my client was sent for a psychological assessment. A detailed psychological assessment was prepared which noted some significant findings, enough for my client to make a mental health application under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

In court, submissions were provided to Her Honour stating that my client was not a suitable person for criminal penalties and that the community would be better served by having my client diverted via mental health legislation. Despite opposition from police, Her Honour was persuaded to dismiss the charge and divert my client via mental health legislation. This was a great result for my client who can now obtain professional psychological help, free of this criminal charge.

My Client was shopping at a well known department store. She had taken in an instrument designed to remove security devices from products. My Client set about removing security devices from products, putting the products into her bag and walking out of the shop with them. She was duly noticed on CCTV and stopped by security guards who detained her and called the police.

When police arrived, my client was charged with armed with intent to commit indictable offence, goods in custody and larceny.

When my client engaged our services, she was concerned about the impact her actions could have on her future employment and travel prospects. Whilst analysing my client’s matter, we determined that there may be a possibility of dismissal under mental health legislation. We referred my client to a medical practitioner who specialises in medico-legal services.

Upon making the application to the Court to have the criminal charges dismissed under mental health legislation, the Magistrate was persuaded that this was the right course of action, and duly dismissed the charges under mental health legislation.

This left my client with no criminal record, free to pursue her career and travel plans (post COVID). A great result for my client!

On a night out in Bondi, my client was under the influence of drugs at a party and became involved in an altercation with another group of people from the party. During this altercation, my client kicked a glass door at the apartment complex and the glass door suffered damage. All this was caught on CCTV. Police arrived and my client was subsequently charged with destroy or damage property and behave in an offensive manner.

We referred my client to a psychologist for an evaluation and based on the psychologist’s report, we made an application to dismiss the charge under mental health provisions. We made submissions concerning the links between my client’s psychological ailments and the offending as well as how the public is best served by diverting my client away from the criminal justice system. His Honour accepted our submissions and dismissed the criminal charges that my client was facing under mental health provisions. A good result for my client who can now focus on his rehabilitation.

My Client was shopping and left the store with 116 items that she did not pay for. Store security stopped her and the police were called. She was subsequently charged with larceny of 116 items.

In court, we prepared a case for my client predominantly concerning her mental health issues and the impact that this may have had on the offending as well as steps that my client had taken to rehabilitate herself. Her Honour was satisfied with our submissions and commented that it was a “well prepared case”. Her Honour was happy to deal with the matter via section 10 leaving my client free to go, subject to good behaviour and without a criminal record.