Expertise

Mental Health

If a person is suffering from a mental condition and is charged with a criminal offence, our criminal lawyers can get your case reviewed due to your mental health condition.

Did you have a mental health condition when you were charged? 

Mental health is significant factor effecting criminal law and the way a person is dealt with by the courts.

Criminal liability and responsibility can be  explained in certain situations by temporary mental illness. This means that an individual could avoid a criminal conviction and be subject to  a mental health plan as set out by trained professional as opposed to punishment by the courts in accordance with section 3A Crimes (Sentencing Procedure) Act 1999.

For a Magistrate to make such a decision they need to be properly informed on the individuals mental health condition and how it relates to the offence. They need to be made fully aware of an effective treatment plan and how and why it is preferable to the exercise their discretions not to enter a conviction and finalising the matter under the Mental Health Act 2007.

This is why you need an experienced solicitor to guide you through the process and who is also able to provide a magistrate the necessary information they need to make such a ruling. This experience is extremely specialised and comes through knowledge of the underlying issues and how they can be best managed to ensure the courts concerns are satisfied.

While diversion under mental  is often seen as a “weak excuse” to avoid criminal punishment and is often abused, society is now widely accepting that mental health as a significant factor contributing to otherwise lawful individuals and behaviours. It is imperative to the ongoing success of this diversionary scheme that its integrity of such a scheme is upheld to the highest of standards.

The Kells’ crime team are dedicated to protecting and enforcing our clients’ rights. We are available across Sydney and the Illawarra region 24 hours a day, 7 days a week to help you. If you require further information or need advice, call us today for a confidential chat.

 

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