Lawyer Has Common Assault and Property Damage Charges Dismissed After Successful Section 14 Mental Health Application National Criminal Lawyers® has successfully obtained the dismissal of two domestic violence-related criminal charges following a Section 14 mental health application in the Parramatta Local Court. Our client, a respected practising solicitor with an established professional career, had been charged with common assault (domestic violence related) and intentionally or recklessly destroying or damaging property (domestic violence related). Both charges were dismissed by the Court under section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act). Importantly, no criminal conviction was recorded. The result was particularly significant given our client was a practising solicitor with an established professional career. A criminal conviction had the potential to carry consequences extending well beyond the immediate criminal proceedings, including potential professional and reputational implications. The case demonstrates how a carefully prepared Section 14 application, supported by appropriate expert evidence, treatment and rehabilitation, can provide an alternative to dealing with criminal charges through the ordinary criminal justice process. For people facing criminal charges where mental health or cognitive impairment may have contributed to the alleged offending, the result also illustrates why obtaining appropriate expert evidence and commencing treatment early can be critical. WHAT CHARGES WAS OUR CLIENT FACING? Our client was facing two charges arising from an incident in May 2026: • Common assault – domestic violence related, contrary to section 61 of the Crimes Act 1900 (NSW); and • Intentionally or recklessly destroying or damaging property – domestic violence related, contrary to section 195(1)(a) of the Crimes Act 1900 (NSW). You can read more about the offence of common assault in NSW and the offence of destroying or damaging property in NSW on our website. Domestic violence-related charges can have significant consequences extending beyond the immediate criminal proceedings. More information about the way these offences are dealt with is available in our guide to domestic violence offences in NSW. WHAT IS A SECTION 14 MENTAL HEALTH APPLICATION? A Section 14 mental health application is an important diversionary mechanism available in appropriate Local Court matters in NSW. Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a defendant who has, or had at the relevant time, a mental health impairment or cognitive impairment may in appropriate circumstances be dealt with under the mental health provisions rather than according to the ordinary criminal process. The legislation allows the Court to dismiss the charge and discharge the defendant into the care of a responsible person, either unconditionally or subject to conditions, or make other orders available under section 14. A successful Section 14 application is therefore fundamentally different from simply asking a court for leniency after a conviction. It can result in the charge itself being dismissed. For a more detailed explanation of the legislation, see our guide: Section 14 Mental Health Applications in NSW: When the Law Lets You Be Treated Instead of Punished. WHAT DOES THE COURT CONSIDER IN A SECTION 14 APPLICATION? Having a diagnosed mental health condition does not automatically mean that a Section 14 application will succeed. The Court must determine whether it is more appropriate to deal with the defendant under the mental health diversion provisions than otherwise according to law. Section 15 of the Act identifies a range of matters that may be relevant to that decision, including the defendant's apparent mental health or cognitive impairment, the nature and seriousness of the alleged offending, the circumstances in which it allegedly occurred, changes in the defendant's circumstances, criminal history, available treatment or support plans and questions of safety. The legislation can be viewed through the NSW legislation database. When determining a Section 14 application, the Court must consider a range of competing considerations, including the nature and seriousness of the alleged offending, the defendant's circumstances, community safety, and the availability and effectiveness of treatment and support. The seriousness of the alleged offence, the effectiveness of the proposed treatment plan and the defendant's individual circumstances may all be relevant to that assessment. This means that the quality of the evidence and treatment material placed before the Court can be extremely important. BUILDING THE MENTAL HEALTH APPLICATION In this matter, National Criminal Lawyers® obtained a detailed forensic psychological assessment addressing our client's mental health and its relevance to the proceedings. The psychologist diagnosed our client with Adjustment Disorder with Mixed Anxiety and Depressed Mood and expressed the opinion that he had been suffering from a mental health impairment at the time of the alleged offences. The expert material identified a substantial accumulation of stressors associated particularly with the client's long-term responsibilities as the primary carer for his mother, alongside employment and financial pressures. Importantly, the material did not merely identify a diagnosis. It addressed the client's psychological condition, its relationship to the alleged offending, his treatment needs, prognosis and the steps being taken to reduce the risk of any further incident. Our client was also a practising solicitor with an established professional career. A criminal conviction therefore had the potential to carry professional and reputational consequences beyond the immediate criminal proceedings. Our client also had no prior criminal history, which was relevant to the overall circumstances placed before the Court. REHABILITATION BEFORE THE COURT DATE One of the important features of the case was the substantial work undertaken before the Section 14 application was determined. The material demonstrated active engagement with psychological treatment and practical changes designed to address the pressures that had contributed to the client's deterioration. Among other things, the evidence demonstrated ongoing psychological treatment and completion of structured mental health programs. The client's treating psychologist subsequently confirmed that therapy would continue on a fortnightly to monthly basis for a further 12 months. The evidence also showed that additional caregiving support had been organised, reducing the extent to which the client was required to manage his mother's care without assistance. This was significant because a strong Section 14 application is ordinarily about much more than producing a diagnosis. The Court needs to understand the practical question: what happens next? Is there a genuine treatment plan? Has the defendant engaged with it? Are the circumstances that contributed to the alleged offending being addressed? Is there a framework capable of reducing the risk of recurrence? Those questions can be crucial when preparing an application. THE RESULT AT PARRAMATTA LOCAL COURT The matter ultimately came before the Parramatta Local Court. Our Parramatta criminal lawyers regularly appear in Parramatta Local Court in criminal, domestic violence and mental health matters. National Criminal Lawyers® appeared for the client and made the application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). The application was successful. The Court found it appropriate to deal with the client under the mental health provisions and ordered that the charges be dismissed under section 14(1)(a). The Court discharged the client into the conditional care of the responsible person nominated in the treatment material. The formal court order records that the charges were dismissed and the defendant was discharged into the care of a responsible person subject to conditions. The result meant that both criminal charges were dismissed and no criminal conviction was recorded. COURT ORDERS CONFIRMING THE SECTION 14 DISMISSAL The redacted Court Orders confirming the successful Section 14 mental health application are reproduced below. The Orders confirm that the Court dismissed both criminal charges pursuant to section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and discharged our client into the conditional care of a responsible person. Importantly, the Orders confirm that the criminal proceedings were finalised without a conviction being recorded. They also demonstrate that a Section 14 dismissal can be accompanied by conditions directed towards ongoing treatment and rehabilitation. In this matter, our client was required to continue complying with the treatment plan and recommendations contained in the supporting psychological material. WHAT HAPPENS AFTER A CONDITIONAL SECTION 14 ORDER? A Section 14 dismissal should not be mistaken for an order that can simply be ignored once the defendant leaves court. Where the Court imposes conditions, compliance is important. Under section 16 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, if a Magistrate suspects that a defendant has failed to comply with a condition of a Section 14 order, the defendant can be required to return to Court within the statutory period. The formal orders in this matter similarly warned that failure to comply with the conditions could result in the defendant being called back before the Court and the charges being dealt with as though the discharge had not occurred. A Section 14 outcome therefore combines diversion from the conventional criminal process with a continuing emphasis on treatment and risk management. DOES A MENTAL HEALTH IMPAIRMENT AUTOMATICALLY GET CRIMINAL CHARGES DISMISSED? No. This is one of the most important misconceptions about Section 14 applications. A diagnosis by itself does not guarantee that charges will be dismissed. The Court must assess the individual case and determine whether diversion under the Act is more appropriate than dealing with the defendant according to ordinary criminal law. That assessment may involve the seriousness of the allegations, the relationship between the impairment and the alleged conduct, the defendant's history, treatment, rehabilitation, risk and proposed future support. That is why the preparation of the application can matter enormously. A persuasive application should place the Court in a position to understand not only what condition the defendant has, but also why diversion is appropriate and how the proposed treatment plan will address the underlying issues. WHY EARLY PREPARATION MATTERS IN SECTION 14 APPLICATIONS Mental health applications often require coordination between criminal lawyers, psychologists or psychiatrists, treating practitioners and other support providers. Leaving that preparation until shortly before the court date can make it difficult to obtain comprehensive evidence. Where appropriate, early preparation may allow time to: • obtain a forensic psychological or psychiatric assessment; • gather relevant medical records; • establish a documented treatment plan; • demonstrate meaningful engagement with treatment; • obtain evidence of rehabilitation and changed circumstances; and • formulate conditions that directly address the factors relevant to the alleged offending. In this case, the evidence demonstrated both an established mental health impairment and substantial steps toward treatment and rehabilitation before the application was determined. CAN A SECTION 14 APPLICATION HELP YOU? Every case is different. A Section 14 application may be available for some defendants with a mental health impairment or cognitive impairment whose matters are being dealt with in the Local Court. Whether an application should be made and whether it is likely to succeed depends on the particular charges, the person's mental health evidence, the alleged circumstances, treatment and rehabilitation, risk considerations and the material that can properly be placed before the Court. If you have been charged with an offence and believe mental health issues contributed to what occurred, obtaining advice early can provide substantially more time to prepare the evidence required for a properly supported application. WOULD TREATMENT AND REHABILITATION SOMETIMES PROTECT THE COMMUNITY MORE EFFECTIVELY THAN A CONVENTIONAL CRIMINAL PENALTY? Section 14 recognises that, in appropriate cases, the answer may be yes. SPEAK TO NATIONAL CRIMINAL LAWYERS® ABOUT A SECTION 14 MENTAL HEALTH APPLICATION National Criminal Lawyers® regularly represents clients in mental health applications, assault matters, domestic violence proceedings and other criminal cases throughout NSW. If you or a family member has been charged with an offence and mental health or cognitive impairment may be relevant, our criminal defence lawyers can advise you about whether a Section 14 application is available and what evidence should be obtained. Read more about Section 14 mental health applications in NSW or contact National Criminal Lawyers® to discuss your matter. Call 1800 CRIM LAW (1800 2746 529) for a confidential consultation
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Lawyer Has Common Assault and Property Damage Charges Dismissed After Successful Section 14 Mental Health Application

ByParramatta Criminal Lawyers

National Criminal Lawyers® has successfully obtained the dismissal of two domestic violence-related criminal charges following a Section 14 mental health application in the Parramatta Local Court.

To read up on other successful section 14 orders our Sydney criminal lawyers have achieved, please click here.

Our client, a lawyer with an established professional career, had been charged with common assault (domestic violence related) and intentionally or recklessly destroying or damaging property (domestic violence related).

Both charges were dismissed by the Court under section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act).

Importantly, there was no finding of guilt and no criminal conviction was recorded.

Under section 14, an order to dismiss a charge against a defendant does not constitute a finding that the charge against the defendant is proven or otherwise.

The result was particularly significant given our client was a lawyer with an established professional career. A criminal conviction had the potential to carry consequences extending well beyond the immediate criminal proceedings, including potential professional and reputational implications.

The case demonstrates how a carefully prepared Section 14 application, supported by cogent expert evidence and tailored treatment and rehabilitation, can provide a more appropriate alternative to dealing with criminal charges through the ordinary criminal justice process.

For people facing criminal charges where mental health or cognitive impairment may have contributed to the alleged offending, the result also illustrates why obtaining appropriate expert evidence and commencing treatment early can be critical.

What Charges Was Our Client Facing?

Our client was facing two charges:

  • Common assault – domestic violence related, contrary to section 61 of the Crimes Act 1900 (NSW); and
  • Intentionally or recklessly destroying or damaging property – domestic violence related, contrary to section 195(1)(a) of the Crimes Act 1900 (NSW).

You can read more about the offence of common assault in NSW and the offence of destroying or damaging property in NSW on our website.

Domestic violence-related charges can have significant consequences extending beyond the immediate criminal proceedings. More information about the way these offences are dealt with is available in our guide to domestic violence offences in NSW.

What Is a Section 14 Mental Health Application?

A Section 14 mental health application is an important diversionary mechanism available in appropriate Local Court matters in NSW.

Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a defendant who has, or had at the relevant time, a mental health impairment or cognitive impairment may in appropriate circumstances be dealt with under the mental health provisions rather than according to the ordinary criminal process.

The legislation allows the Court to dismiss the charge and discharge the defendant into the care of a responsible person, either unconditionally or subject to conditions, or make other orders available under section 14.

A successful Section 14 application is therefore fundamentally different from simply asking a court for leniency after a conviction.

It can result in the charge itself being dismissed.

For a more detailed explanation of the legislation, see our guide: Section 14 Mental Health Applications in NSW: When the Law Lets You Be Treated Instead of Punished.

What Does the Court Consider in a Section 14 Application?

Having a diagnosed mental health condition does not automatically mean that a Section 14 application will succeed.

The Court must determine whether it is more appropriate to deal with the defendant under the mental health diversion provisions than otherwise according to law.

Section 15 of the Act identifies a range of matters that may be relevant to that decision, including the defendant’s apparent mental health or cognitive impairment, the nature and seriousness of the alleged offending, the circumstances in which it allegedly occurred, changes in the defendant’s circumstances, criminal history, available treatment or support plans and questions of safety.

The legislation can be viewed through the NSW legislation database.

When determining a Section 14 application, the Court must consider a range of competing considerations, including the nature and seriousness of the alleged offending, the defendant’s circumstances, community safety, and the availability and effectiveness of treatment and support.

The seriousness of the alleged offence, the effectiveness of the proposed treatment plan and the defendant’s individual circumstances may all be relevant to that assessment.

This means that the quality of the evidence and treatment material placed before the Court can be extremely important.

Building the Mental Health Application

In this matter, National Criminal Lawyers® obtained a detailed forensic psychological assessment addressing our client’s mental health and its relevance to the proceedings.

The psychologist diagnosed our client with Adjustment Disorder with Mixed Anxiety and Depressed Mood and expressed the opinion that our client had been suffering from a high level of mental health impairment at the time of the alleged offences.

The expert material identified a substantial accumulation of stressors associated particularly with the client’s long-term caregiving responsibilities, alongside employment and financial pressures.

Importantly, the material did not merely identify a diagnosis.

It addressed the client’s psychological condition, its clear causal relationship to the alleged offending, treatment needs, prognosis and the steps being taken to reduce the risk of any further incident.

Our client was also a lawyer with an established professional career. A criminal conviction therefore had the potential to carry professional and reputational consequences beyond the immediate criminal proceedings.

Our client also had no prior criminal history, which was relevant to the overall circumstances placed before the Court.

Rehabilitation Before the Court Date

One of the important features of the case was the substantial work undertaken before the Section 14 application was determined.

The material demonstrated active engagement with psychological treatment and practical changes designed to address the pressures that had contributed to the client’s mental health deterioration.

Among other things, the evidence demonstrated ongoing psychological treatment and completion of structured mental health programs.

The client’s treating psychologist and doctor subsequently confirmed that therapy and treatment would continue for a further 12 months.

The evidence also showed that additional caregiving support had been organised, reducing the extent to which the client was required to manage caregiving without assistance.

This was significant because a strong Section 14 application is ordinarily about much more than producing a diagnosis.

The Court needs to understand the practical question: what happens next?

Is there a genuine treatment plan? Has the defendant engaged with it? Are the circumstances that contributed to the alleged offending being addressed? Is there a framework capable of reducing the risk of recurrence?

Those questions can be crucial when preparing an application.

The Result at Parramatta Local Court

The matter ultimately came before the Parramatta Local Court. Our Parramatta criminal lawyers regularly appear in Parramatta Local Court in criminal, domestic violence and mental health matters.

National Criminal Lawyers® appeared for the client and made the application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

The application was successful.

The Court found it more appropriate to deal with the client under the mental health provisions and ordered that the charges be dismissed under section 14(1)(a).

The Court discharged the client into the conditional care of the responsible person nominated in the treatment material.

The formal court order records that the charges were dismissed and the defendant was discharged into the care of a responsible person subject to conditions.

The result meant that both criminal charges were dismissed and no criminal conviction was recorded.

COURT ORDERS CONFIRMING THE SECTION 14 DISMISSAL

The redacted Court Orders confirming the successful Section 14 mental health application are reproduced below.

Redacted NSW Local Court mental health order document
A redacted Local Court of NSW order issued at Parramatta.
Redacted court discharge order with responsible person acknowledgement
Court discharge conditions and responsible person acknowledgement, dated August 2026.

The Orders confirm that the Court dismissed both criminal charges pursuant to section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and discharged our client into the conditional care of a responsible person.

Importantly, the Orders confirm that the criminal proceedings were finalised without a finding of guilt and without a conviction being recorded. They also demonstrate that a Section 14 dismissal can be accompanied by conditions directed towards ongoing treatment and rehabilitation.

In this matter, our client was required to continue complying with the treatment plan and recommendations contained in the supporting psychological material.

What Happens After a Conditional Section 14 Order?

A Section 14 dismissal should not be mistaken for an order that can simply be ignored once the defendant leaves court.

Where the Court imposes conditions, compliance is important.

Under section 16 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, if a Judge suspects that a defendant has failed to comply with a condition of a Section 14 order, the defendant can be required to return to Court within the statutory period.

The formal orders in this matter similarly warned that failure to comply with the conditions could result in the defendant being called back before the Court and the charges being dealt with as though the discharge had not occurred.

A Section 14 outcome therefore combines diversion from the conventional criminal process with a continuing emphasis on treatment and risk management.

DOES A MENTAL HEALTH IMPAIRMENT AUTOMATICALLY GET CRIMINAL CHARGES DISMISSED?

No.

This is one of the most important misconceptions about Section 14 applications.

A diagnosis by itself does not guarantee that charges will be dismissed.

The Court must assess the individual case and determine whether diversion under the Act is more appropriate than dealing with the defendant according to ordinary criminal law.

That assessment may involve the seriousness of the allegations, the relationship between the impairment and the alleged conduct, the defendant’s history, treatment, rehabilitation, risk and proposed future support.

That is why the preparation of the application can matter enormously.

A persuasive application should place the Court in a position to understand not only what condition the defendant has, but also why diversion is appropriate and how the proposed treatment plan will address the underlying issues.

Why Early Preparation Matters in Section 14 Applications

Mental health applications often require coordination between criminal lawyers, psychologists or psychiatrists, treating practitioners and other support providers.

Leaving that preparation until shortly before the court date can make it difficult to obtain comprehensive evidence.

Where appropriate, early preparation may allow time to:

  • obtain a forensic psychological or psychiatric assessment;
  • gather relevant medical records;
  • establish a documented treatment plan;
  • demonstrate meaningful engagement with treatment;
  • obtain evidence of rehabilitation and changed circumstances; and
  • formulate conditions that directly address the factors relevant to the alleged offending.

In this case, the evidence demonstrated both an established mental health impairment and substantial steps toward treatment and rehabilitation before the application was determined.

Can a Section 14 Application Help You?

Every case is different.

A Section 14 application may be available for some defendants with a mental health impairment or cognitive impairment whose matters are being dealt with in the Local Court.

Whether an application should be made and whether it is likely to succeed depends on the particular charges, the person’s mental health evidence, the alleged circumstances, treatment and rehabilitation, risk considerations and the material that can properly be placed before the Court.

If you have been charged with an offence and believe mental health issues contributed to what occurred, obtaining advice early can provide substantially more time to prepare the evidence required for a properly supported application.

Would treatment and rehabilitation sometimes protect the community more effectively than a conventional criminal penalty?

Section 14 recognises that, in appropriate cases, the answer may be yes.

Speak to National Criminal Lawyers® About a Section 14 Mental Health Application

National Criminal Lawyers® regularly represents clients in mental health applications, assault matters, domestic violence proceedings and other criminal cases throughout NSW.

Got more questions on how section 14 applications work? Just click here for our dedication FAQ.

If you or a family member has been charged with an offence and mental health or cognitive impairment may be relevant, our criminal defence lawyers can advise you about whether a Section 14 application is available and what evidence should be obtained.

Read more about Section 14 mental health applications in NSW or contact National Criminal Lawyers® to discuss your matter.

Call 1800 CRIM LAW (1800 2746 529) for a confidential consultation.

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