Stalk/Intimidation & Destroy/Damage Property – Charges Dismissed, No Conviction

Our client was charged with two offences: stalking and intimidation, and destroying or damaging property. Police also applied for an Apprehended Violence Order (AVO) as part of the proceedings.

Upon review of the brief, one of our highly experienced criminal lawyers identified serious evidentiary issues with the stalking allegation. We entered into early negotiations with police, highlighting the weaknesses in their case and the low likelihood of a conviction being secured. Police ultimately withdrew the more serious charge.

During the proceedings, it became apparent that our client had been living with long-standing mental health challenges, including anxiety and depression. We facilitated an assessment with a qualified psychologist and obtained a comprehensive report to support an application for mental health diversion.

Following our advice, the client entered a plea of guilty to the property damage charge. We then formally presented a section 14 mental health application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), supported by expert opinion and evidence of rehabilitation prospects.

The court accepted the application in full. The charge was dismissed, no conviction was recorded, and the matter was finalised under a structured treatment plan.

Our client avoided a criminal record and was able to move forward with his reputation intact.