COVID-19 has impacted everyone’s lives, even those involved in essential services such as the Courts. The impact of COVID-19 has seen District and Supreme Court trials vacated, Local Court hearings vacated and an overall delay in matters progressing.
Thankfully, even with the impact of COVID-19, some matters are able to be finalised. This week, our Senior Associate, Adam Faro attended Court both virtually and in person.
On Tuesday this week, Adam represented a client in a District Court appeal, where he appeared virtually from our office. Adam ensured that all evidence and materials were provided to the Court in advance, so that when the matter commenced, the Judge had already considered the evidence. After hearing submissions from Adam, the Judge agreed to overturn the sentence of full-time imprisonment imposed by the Local Court, releasing our client immediately and substituting the penalty with an Intensive Corrections Order.
On Wednesday, Adam appeared in person at the Downing Centre Local Court, where he was successful in his application under section 32 of the Mental Health (Forensic Provisions) Act. A section 32 application allows for persons who have been charged to seek diversion away from the criminal justice system if they suffer from a mental illness or condition, or are cognitively impaired. The diversion mandates treatment for 6 months, promoting their rehabilitation and reflecting the relevance of the interplay between mental health and criminal offending.
While COVID-19 is having an unavoidable impact on a large number of criminal matters, we are continually adapting to ensure that our clients still receive the best representation.
Photo by CQF-avocat–6428802