section 14 mental health application successful resulting in a non conviction for a charge of assault occasioning actual bodily harm for our 35 year old client

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Our 35-year-old client who has had a dysfunctional upbringing was now charged with assault occasioning actual bodily harm in addition to facing an apprehended domestic violence order before the Downing Centre Court.

After being charged, and after being unhappy with her previous lawyers, she contacted our CDLA Sydney office when she spoke to, and was given immediate advice, by our senior lawyer Keiran Khan.

Our client who has no support in Australia as her family reside overseas was on a visa and understandably concerned as to the impact of a conviction on her status in Australia for immigration purposes.

Identifying mental health issues, we obtain a strong psychologist report in support for a mental health application under section 14.

Following around the clock preparation by our Keiran, we appeared before the Downing Centre Court with our client when Keiran made persuasive and compelling submissions in support of our section 14 application.

In the ultimate result, the Magistrate after reviewing all the evidence we tendered to the court in support of our client, agreed with our Keiran’s submissions.

As a result, the court granted the section 14 application, meaning that our client did not get convicted of the offence and it will not be shown on her record. This also resulted in the charge being dismissed.

Our client was able to move on in life without the burden of a criminal record thanks for the hard work and determination by our Keiran.

Published on 21/12/2022