Possession of Knife and Intimidation – Charges Dismissed on Mental Health Grounds

Our client was charged with possession of a knife in a public place and intimidation. At the time, he was represented by another lawyer and had been refused bail in the Local Court. Given the seriousness of the charges and his custodial status, he faced a very real risk of a full-time custodial sentence.

After engaging our firm, we took detailed instructions and conducted a careful review of his background. It became evident that the client was living with untreated mental illness. Further discussions with his family revealed that although he had been approved for NDIS support for both intellectual and psychological disabilities, he was not receiving active treatment or care at the time of the offence.

Recognising the clinical and legal issues at play, we prepared and filed a diversion application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). This involved obtaining a comprehensive psychological assessment and developing a structured treatment plan, which included regular engagement with a treating psychologist and NDIS-backed support over the next 12 months.

The court accepted that our client’s conduct was directly linked to his mental health condition, and that the community would be better served through treatment rather than punishment. The application was granted, and the charges were dismissed under the mental health provisions of the Act.

This outcome ensured our client avoided a criminal conviction and further incarceration, and instead received the long-overdue care and support he required.