Charged with seven offences including assault an officer and resist police, successful s 32 application

R v JB

JB was charged with seven offences including fail to leave premises, resist police, assault an officer in the execution of their duty and more.

The charges arose after JB attended a music festival and was denied entry due to intoxication.

Chris Cole represented JB and noted that a section 32 application pursuant to the Mental Health (Forensic Provisions) Act would be appropriate due to JB’s mental state at the time of offending.

Medical reports were obtained and the matter came before Her Honour Wynhausen at the Burwood Local Court. Her Honour accepted the application, and ordered JB to continue his mental health treatment plan as an alternative to a criminal conviction.

This was an excellent result for JB as he was able to maintain his clear criminal record, as well as access the medical services that he required.

Charged with larceny, avoids criminal conviction under the Mental Health Act

R v SB

SB was charged with two counts of ‘larceny’ contrary to section 117 of the Crimes Act 1900. Each count of larceny carries a maximum term of imprisonment of five years. The case against SB was strong, with multiple witness accounts and CCTV footage.

Bill O’Brien represented SB and the matter came before the Downing Center Local Court. A section 32 application was made pursuant to the Mental Health (Forensic Provisions) Act 1990. This section states that a presiding magistrate may sentence persons suffering from a mental illness or condition to treatment, rather than to a term of imprisonment.

The matter came before Magistrate Susan MckIntyre, who accepted the application and chose to dismiss the charges against SB and order her to continue her mental health treatment.

This was a fantastic result for SB, as she was very concerned about the impact that a criminal record would have on her business and career.