Section 14 Mental Health Application Granted for Third Domestic Violence Charge

Our client was a 47-year-old senior financial analyst working for one of the ‘big four’ banks. He had been married to his wife for over fifteen years and the pair had two children together.

Ten years ago our client pleaded guilty to domestic violence charges which were dealt with by way of a Section 10 dismissal.

Shortly afterwards he had a drive while suspended charge dismissed pursuant to Section 10.

He came to us after being charged with a common assault domestic violence offence. There had been a build-up of issues between the pair during the lockdown. Eventually, one of their heated verbal arguments turned physical and police were called.

When police arrived, he was questioned and made admissions to the offence. In addition to being charged, police applied for an AVO.

Following the incident our client’s wife asked police to withdraw the charge and AVO, however, our client’s admissions meant that this was refused.

He came to us after speaking to other lawyers who had told him he had no prospect of avoiding a conviction given his record. We took a different view.

We immediately got to work by arranging for him to start seeing a forensic psychologist. He was diagnosed with a borderline personality disorder. One of the symptoms of the disorder was an inability to control his impulsiveness.

We also obtained character references from his employer which confirmed he needed to be conviction free in order to maintain his role.

We appeared at Blacktown Local Court we made submissions in support of a Section 14 Mental Health Application. Despite the numerous previous charges on his record, the Court was ultimately persuaded to grant the application.

As a result, our client remains conviction free. Both he and his wife were overjoyed with the outcome.