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Case Study: Magistrate dismisses assault charge against Sydney man

A Sydney magistrate has dismissed a charge of assault against our client on the grounds that he was suffering from a mental illness. Our client, a young Sydney man,...

Jamie McLachlan

A Sydney magistrate has dismissed a charge of assault against our client on the grounds that he was suffering from a mental illness.

Our client, a young Sydney man, had been accused of assaulting his then girlfriend earlier this year. Our client did not agree with the allegations that had been made against him. Jamie McLachlan of our firm referred our client for a psychiatric assessment, with it ultimately discovered that he was suffering from a mental illness. Our client then immediately, and enthusiastically, accepted treatment for his condition.

As a consequence of the diagnosis, and his adherence to the treatment plan, Mr McLachlan argued in court that the charge be dismissed pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990. After considering the matter the magistrate noted that our client had not pleaded guilty to the offence and that he had been fully compliant with his treatment plan. The magistrate then proceeded to dismiss the charge pursuant to section 32 of the Act. Our client was obviously very relieved with the outcome.

Our client was of outstanding good character and it was very rewarding for Mr McLachlan to have been able to represent him in this matter.

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