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Our client is a 33 year old woman who lives in Canberra, ACT.
She first came across our criminal defence law firm in Sydney online, after searching for a lawyer who specialises in cases involving defendants who suffer from significant mental health issues.
Our client was charged with Common Assault against her mother. Her case was listed at the ACT Magistrates Court.
After calling our office, a same day free appointment was scheduled discuss her case with our team of experienced criminal defence lawyers.
Our Tayla Regan who has significant experience in mental health applications in court conducted the consultation with our client. Tayla guided our client as to the court process, what to expect and how to begin preparing.
Our client had an unpleasant interaction with a stranger who had tried to harm her only a few days before the incident. The police were contacted however no action was taken by police who attempted to refer our client to mental health facility.
Only a couple of days later, our client and her mother were in the car when a dispute broke out about the earlier incident. Our client asked her mother to take her to the hospital for a check up following the encounter with this stranger. Her mother drove her to the hospital and upon arriving there, she indicated her intention to schedule our client due to concerns for her mental health.
In the wake of feeling betrayed, not believed and fearful at the thought of being scheduled in hospital, our client had struck her mother in the face. A passerby heard the incident and informed the relevant authorities.
Our client was then charged with Common Assault pursuant to Section 26 of the Crimes Act 1900 (ACT).
Preceding this incident, especially given how out of character it was for her, our client recognised that she did need to seek help to address her mental health.
She spoke with our lawyers about her concerns. our team provided her with guidance to assist her in seeking appropriate psychological treatment.
Our Tayla assisted our client in thoroughly preparing her case for sentence. This involved preparing compelling good character reference letters, apology letter, an in-depth psychologist report outlining her history and extent of mental illness.
On the day of Court, our Tayla handed all material to the court and proceeded to a Sentence.
Compelling submissions were made on behalf of our client in relation to her remorse, insight, acknowledgment of her mental health and the steps now currently being taken, her good prospects of rehabilitation and her unlikeliness to re-offend.
After discussing the extenuating circumstances, we were able to convince the Magistrate in court to not impose a criminal record against our client. As a result, the Magistrate imposed a non-conviction sentence to our client.
As a consequence our client was placed on a good behaviour bond with supervision to ensure she gets the continued help and guidance with her mental health treatment.
Our client was extremely pleased with this result. She can now continue focusing on her health and carry on with her life.