Background: A Pattern of Behaviour Triggered by Mental Health
Our client, a respected professional with a stable career and promising future, had a long-standing struggle with impulse control linked to her mental health. When emotionally distressed, she experienced recurring compulsions to steal. In 2017, her conduct led to court proceedings, where she was diverted under section 32 of the Mental Health (Forensic Provisions) Act 1990 and placed on a treatment plan. Unfortunately, due to various factors, she reoffended multiple times in subsequent years.
Multiple Offences and Fading Legal Options
After repeated shoplifting charges, several law firms informed the client that avoiding a criminal record was no longer feasible. The situation seemed dire, as each offence further diminished the likelihood of a successful diversion under mental health legislation. However, determined to exhaust all options, she approached Brightstone Defence.
Our Legal Approach: Identifying Gaps and Building a Stronger Case
Partner solicitor Mr Cao conducted a comprehensive review of the client's history, including previous psychological reports and court outcomes. He identified deficiencies in the original treatment plan and sought an updated, independent expert psychiatric assessment. The new report provided a compelling explanation for the treatment’s past ineffectiveness and outlined a structured and credible new therapy plan tailored to the client’s condition.
Court Outcome: Diversion Granted Under Strict Conditions
With clear legal argument and strong expert support, Brightstone Defence successfully convinced the court that the client’s mental illness significantly contributed to the offences and that a more suitable treatment path now existed. The magistrate acknowledged the improvements in the proposed care plan and granted a diversion order under section 32, allowing the client to avoid a criminal conviction. This was explicitly described by the court as her final opportunity, with compliance to the new treatment plan being mandatory.
Frequently Asked Questions (FAQ)
- What is section 32 of the Mental Health Act in NSW?
Section 32 of the Mental Health (Forensic Provisions) Act 1990 allows a magistrate to dismiss a charge if the defendant has a mental condition and follow-up treatment is recommended.
- Can I apply for a section 32 more than once?
Yes, but courts are increasingly cautious with repeated applications. Strong justification, including updated medical evidence, is required.
- Does a section 32 order mean I will not have a criminal record?
If granted, the charge is dismissed, and you will not receive a conviction. However, the order requires strict compliance with a treatment plan.
The Value of Experienced Legal Representation in Mental Health Cases
This case highlights the critical importance of legal teams with specialised knowledge in mental health law and a commitment to exploring all viable defence pathways. Brightstone Defence continues to advocate for fair outcomes that recognise the complex intersection between mental health and criminal conduct.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
