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

If you were living with a mental health condition at the time of the alleged offence, it may affect how the court in Kiama or elsewhere in NSW approaches your matter. Where the condition contributed to the offence, the court can consider alternatives to a conviction. For example, under section 3A of the Crimes (Sentencing Procedure) Act 1999 , a person may be referred for mental health treatment instead of receiving a criminal penalty. To access this pathway, medical evidence must link your condition to the offence and provide a treatment plan. The court also needs to be satisfied that a health-based response is more appropriate than punishment. A criminal defence lawyer can prepare the necessary reports and submissions to support such an application.

Can my mental health be used as a defence in court?

Yes. A psychiatric condition can affect a person’s intent or understanding at the time of the offence. While this does not remove responsibility in every case, it can change how the matter is dealt with and reduce the severity of the outcome. Strong psychiatric or psychological evidence, along with carefully prepared submissions, is essential for this type of defence to succeed.

How can a criminal lawyer help me in my case?

A lawyer with experience in mental health matters can work to minimise or avoid a conviction by presenting a case supported by professional medical assessments. Our team in Kiama collaborates with psychiatrists and psychologists to show how a condition influenced the alleged conduct. We focus on outcomes that prioritise treatment, reduce long-term consequences, and support your recovery while guiding you through the legal process.

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Mental Health

MENTAL HEALTH LAWYERS KIAMA

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Criminal Law Specialists

Our Kiama practice covers a broad spectrum of criminal cases. These include traffic violations, drug offences, drink driving matters, theft, assault, fraud, and serious indictable charges such as homicide.

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We offer round-the-clock criminal law support in Kiama. Day or night, you can contact our criminal lawyers whenever urgent representation is required. Your first consultation is free.

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Our team is guided by a former police officer and senior police prosecutor. With extensive knowledge of police processes and court operations, we develop well-structured strategies for every matter we handle.

Extensive Experience

We have represented clients in a wide range of criminal proceedings, frequently managing summary matters without relying on external barristers. This approach strengthens the quality of courtroom advocacy while keeping costs more manageable.

Here To Help

If you are facing criminal charges in Kiama and have a diagnosed mental health condition, this may influence how your matter is considered in court. Our Kiama criminal defence lawyers can assess whether your condition is relevant to your case and whether it may make you eligible for alternatives to the standard court process.

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How Can Our Criminal Lawyers Help?

Mental health is often an important factor in criminal proceedings. Courts are required to take the psychological condition of an accused person into account when assessing criminal responsibility and determining appropriate outcomes.

When a condition has contributed to the alleged behaviour, the legal system offers pathways that focus on treatment and rehabilitation rather than punishment. Our team assists by preparing cases that clearly show the connection between a person’s mental health and the incident.

Where appropriate, we advocate for diversion into treatment-focused options that avoid a recorded conviction. This may involve presenting psychological assessments, working with health professionals, and seeking to have the matter considered under mental health legislation rather than through standard sentencing.

Frequently Asked Questions

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

If you were living with a mental health condition at the time of the alleged offence, it may affect how the court in Kiama or elsewhere in NSW approaches your matter. Where the condition contributed to the offence, the court can consider alternatives to a conviction. For example, under section 3A of the Crimes (Sentencing Procedure) Act 1999, a person may be referred for mental health treatment instead of receiving a criminal penalty. To access this pathway, medical evidence must link your condition to the offence and provide a treatment plan. The court also needs to be satisfied that a health-based response is more appropriate than punishment. A criminal defence lawyer can prepare the necessary reports and submissions to support such an application.
Can my mental health be used as a defence in court?

Yes. A psychiatric condition can affect a person’s intent or understanding at the time of the offence. While this does not remove responsibility in every case, it can change how the matter is dealt with and reduce the severity of the outcome. Strong psychiatric or psychological evidence, along with carefully prepared submissions, is essential for this type of defence to succeed.
How can a criminal lawyer help me in my case?

A lawyer with experience in mental health matters can work to minimise or avoid a conviction by presenting a case supported by professional medical assessments. Our team in Kiama collaborates with psychiatrists and psychologists to show how a condition influenced the alleged conduct. We focus on outcomes that prioritise treatment, reduce long-term consequences, and support your recovery while guiding you through the legal process.

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If you would like to discuss your case with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

Call 0410 593 059

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