Section 32 Granted for Multiple Sexual Touching Charges

Last week Astor Legal appeared at Manly Local Court on behalf of a 34-year-old doctor.

Our client worked in a well-known hospital. A number of nurses had made complaints to the hospital’s human resources department that he had touched their private parts during work hours.

Following the incident our client was diagnosed with Bipolar Disorder and placed on a Community Treatment Order. He was also suspended from practising medicine.

Some months later, Police arrested our client and laid multiple sexual touching charges against him. He came to us distraught. Convictions for these offences would have almost certainly resulted in the end of his career.

We got to work immediately, arranging for a Section 32 Application report to be prepared by one of our specialist forensic psychiatrists.

We also began negotiations with Police to amend the Facts Sheet to paint our client in a more favourable light. Ultimately, Police agreed to our amendments.

A detailed Section 32 report was obtained and we prepared lengthy written submissions on the application. In Court, we made comprehensive oral submissions stressing the seriousness of our client’s mental condition, his inability to control his actions at the time and the progress he had made with his treatment.

The magistrate ultimately accepted our submissions and granted the Section 32 Application.

Our client and his family were overjoyed to have the charges dismissed.