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

Mental illness may affect how the court approaches your case. If your condition played a role in the offence, the court can consider alternatives to 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 pursue this option, medical evidence must show how your condition relates to the offence and provide a treatment plan. The court must also be satisfied that a health-focused response is more appropriate than punishment. A lawyer with experience in this area can prepare the necessary material and present it to the court to support this 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. This does not remove responsibility in all cases, but it can reduce the severity of the outcome or change how the court deals with the matter. Strong medical evidence and well-prepared submissions are essential for this argument to succeed.

How can a criminal lawyer help me in my case?

A lawyer with experience in these matters can work to avoid a conviction by presenting a legal case supported by psychiatric or psychological reports. Our team collaborates with qualified professionals to build a case that demonstrates how your condition is linked to the offence. We aim to help you access outcomes focused on treatment, reduce long-term consequences, and support your recovery throughout the legal process.

Expertise

Mental Health

MENTAL HEALTH LAWYERS SHELLHARBOUR

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Criminal Law Specialists

We handle a wide range of criminal matters, including traffic offences, drug-related charges, drink driving, theft, assault, fraud, and serious indictable crimes such as homicide.

24/7 Criminal Law Advice

We provide criminal law advice 24 hours a day, 7 days a week across Shellharbour. You can speak with our team any time you need urgent assistance. The initial consultation is offered at no cost.

Top-Tier Team

Our team is led by a former police officer and senior police prosecutor. With deep insight into police procedures and court operations, we approach each case with a well-informed legal strategy.

Extensive Experience

We have appeared in countless criminal proceedings and handle most summary matters directly, without needing to engage external counsel. This allows us to deliver strong courtroom representation while reducing additional legal expenses.

Here To Help

If you are facing criminal charges and have a diagnosed mental health condition, it may play a role in how your case is assessed. Our criminal defence lawyers in Shellharbour can evaluate whether your condition is relevant to your matter and whether it may qualify you for alternatives to the usual court process.

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Crime

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How Can Our Criminal Lawyers Help?

Mental illness can be a significant factor in criminal proceedings. Courts are required to consider the psychological condition of the accused when determining criminal responsibility and deciding on appropriate outcomes.

In cases where a person’s condition contributed to the alleged conduct, the legal system provides avenues that focus on rehabilitation.

We assist individuals by preparing cases that clearly demonstrate the connection between their mental health and the incident.

Where suitable, we seek diversion into treatment-focused pathways that avoid a recorded conviction. This can include presenting detailed psychological reports and advocating for the matter to be dealt with under mental health legislation instead of through standard sentencing procedures.

Frequently Asked Questions

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

Mental illness may affect how the court approaches your case. If your condition played a role in the offence, the court can consider alternatives to 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 pursue this option, medical evidence must show how your condition relates to the offence and provide a treatment plan. The court must also be satisfied that a health-focused response is more appropriate than punishment. A lawyer with experience in this area can prepare the necessary material and present it to the court to support this 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. This does not remove responsibility in all cases, but it can reduce the severity of the outcome or change how the court deals with the matter. Strong medical evidence and well-prepared submissions are essential for this argument to succeed.
How can a criminal lawyer help me in my case?

A lawyer with experience in these matters can work to avoid a conviction by presenting a legal case supported by psychiatric or psychological reports. Our team collaborates with qualified professionals to build a case that demonstrates how your condition is linked to the offence. We aim to help you access outcomes focused on treatment, reduce long-term consequences, and support your recovery throughout the legal process.

OUR TEAM

Our Expert Lawyers

Get Expert Criminal Law Advice

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

Request a Callback