Assault Charges Dismissed Under Mental Health Act

At Brightstone Defence, our team successfully defended Mr Zhang, a university student charged with two counts of assault against his girlfriend. The charges stemmed from two separate incidents on campus, one of which occurred in a dormitory hallway and resulted in visible injuries. Following the charges, the university issued a formal notice of intent to expel him.

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Initial Legal Advice: Jail Time Seemed Inevitable

After seeking help from a large law firm, Mr Zhang was advised that a conviction and likely imprisonment were unavoidable. Faced with the possibility of a criminal record and expulsion, he turned to Brightstone Defence for a second opinion.

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Mental Health Identified as a Key Factor

Upon meeting with Mr Zhang, Lawyer Cao observed signs of disorientation and paranoia and recommended an immediate psychological assessment. This evaluation became central to the defence strategy, highlighting Mr Zhang’s underlying mental health condition.

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Legal Strategy: Section 32 Mental Health Application

Working closely with the psychologist and Mr Zhang, our legal team prepared a robust application under Section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW). In court, Lawyer Cao successfully argued that Mr Zhang’s conduct was directly linked to his untreated mental health issues and that treatment, not punishment, was the appropriate course of action.

The court accepted this argument and dismissed all charges under Section 32.

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Outcome: Charges Dropped, Student Status Preserved

Following the court’s decision, Brightstone Defence negotiated directly with the university. As a result, Mr Zhang was permitted to retain his enrolment and continue his studies, with appropriate mental health support in place.

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Frequently Asked Questions (FAQ)

• ‍Can assault charges be dismissed due to mental health?
  Yes. Under Section 32 of the Mental Health Act, a court may dismiss charges if the accused has a mental condition and treatment is deemed more appropriate than criminal punishment.‍

• ‍What is Section 32 of the Mental Health (Forensic Provisions) Act?
  Section 32 allows NSW courts to divert people with mental health issues away from the criminal justice system and into treatment programs.

• ‍Can a university expel a student based on criminal charges?
  Yes, but outcomes vary. With proper legal representation, it is possible to negotiate with the institution, especially if charges are dismissed.‍

• Do I need a lawyer to apply for a Section 32 order?
  Yes. An experienced criminal defence lawyer will help prepare medical evidence, draft submissions, and represent you in court.

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Your Legal Team for Complex Criminal and Mental Health Cases

At Brightstone Defence, we provide strategic legal representation for clients facing serious charges, including assault and domestic violence. Our team is highly experienced in securing dismissals under Section 32 of the Mental Health Act, ensuring the legal system considers each client’s unique circumstances with compassion and fairness. We fight for the best possible outcomes, both in court and in broader life impacts.