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CHARGES DISMISSED - SECTION 14 MENTAL HEALTH APPLICATION

  • Writer: George Azzi
    George Azzi
  • Apr 21, 2023
  • 1 min read

Updated: Apr 27, 2023

Mental health is increasingly becoming a more prevalent issue in today’s society. Unfortunately, many people find themselves engaging in conduct because of their mental health issues that they otherwise wouldn’t engage in. Sometimes, this conduct in the eyes of the law equates to a criminal offence. Fortunately, the law recognises that individuals who commit what is otherwise an outward criminal offence who have underlying mental health issues should not be held criminally responsible for their conduct.

Under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a Magistrate may dismiss a criminal charge against an individual who at the time of offending was suffering from mental health issues or cognitive impairment. This provision is a safeguard for individuals who as a result of suffering from mental health issues or cognitive impairments commit a criminal offence that they otherwise wouldn’t have committed.

Aquinas More Lawyers has successfully represented many clients in pursuit of a section 14 application. This means that as a result of our representation, our clients have been able to have criminal charges against them dismissed and been given another chance to better deal with their mental health or cognitive conditions. If you find yourself in this position and believe that we can help you, please contact us.


CHARGES DISMISSED - SECTION 14 MENTAL HEALTH APPLICATION

 

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