The Defence of Mental Illness in New South Wales
Being found not guilty by reason of mental illness isn’t just the stuff of good fiction crime novels, as a recent case in the Supreme Court of New South Wales demonstrates. In that case, a 38-year old father who stabbed...
Section 32 Mental Health Applications in New South Wales
A former partner of accounting firm KPMG has faced Manly Local Court after admitting using a corkscrew to threaten a Liberal party campaigner, punching him in the stomach while holding the object, calling him a “paedophile supporter” and tearing down...
Drug Charge Against Ray Hadley’s Son Dismissed Due to Mental Health
Former police officer Daniel Hadley, the son of ‘tough on crime’ radio shock-jock Ray Hadley, has had a drug charge for cocaine possession dismissed on mental health grounds. Mr Hadley was reported to have been arrested while attempting to purchase cocaine...
League Star’s Alleged Stalker Claims a Mental Health Condition
The former girlfriend of rugby player Bryce Cartwright has faced Penrith Local Court to answer allegations that she used social media to stalk and make death threats against the rising NRL star. Ms Brittany Hura is alleged to have posted...
Mental Health and Criminal Law: The Benefits of Psych Reports
Have you been charged with a criminal offence while you were struggling with a mental health problem? Sometimes, you can raise a mental illness defence and be found ‘not guilty’ on that basis. In other situations, a ‘mental condition’ can...
Intellectual Disability and Mental Health Orders
In the NSW court system, people with an intellectual disability or mental illness can sometimes be given special provisions, including mental health orders, to allow them to bypass the usual legal system and instead be diverted into treatment programs. Although...
Drafting Section 14 Mental Health Applications – A Guide for Criminal Lawyers
Applications under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 are a handy tool for diverting clients who suffer from ‘mental conditions’ towards getting the help they need. The section allows a court to dismiss...
The Magistrate Refused My Section 14 Mental Health Application – What Now?
If you are charged with a criminal offence and suffer from a mental health impairment or a cognitive impairment, and your case is being dealt with in the Local Court, you may be able to make an application for the...
How Does A Section 14 Mental Health Order Work?
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 is commonly used to divert those who suffer from mental conditions away from criminal penalisation and towards getting help and treatment they need. A section 14 can...
