Section 14 Mental Health Diversion – All Charges Dismissed
Our client is a 64-year-old man who had no criminal history. In 2012, he was diagnosed with HIV and was later diagnosed with HIV-related dementia in 2021. Shortly thereafter, he was charged with ‘contravene AVO’ and ‘stalk/intimidate’ for holding a knife to his partner’s throat while he was subject to an AVO, and ‘destroy/damage property’ for damaging his neighbour’s car. He was taken into custody and was also charged with ‘sexual touching without consent’ for inappropriately touching another inmate’s penis. His family reached out to our office and our criminal defence lawyer Nora Sayed immediately identified potential for a s 14 diversion. Learn more about mental health diversion in NSW.
Neuropsychological Assessment and Support Plan
Ms Sayed organised for our client to be assessed by a forensic neuropsychologist. The neuropsychologist formed the view that our client’s clinical presentation was most consistent with possible ‘behavioural variant frontotemporal dementia’. The neuropsychologist’s clinical opinion was that our client demonstrated a clinically significant cognitive impairment that was affecting his everyday functioning and meant he demonstrated significant disinhibition and impulsivity, a reduction in his judgement and insight, and a marked impairment in his ability to control his behaviour.
Ms Sayed obtained medical evidence through several subpoenas, organised for an NDIS support-worker to assist the client, liaised with Justice Advocacy Service for further recommendations, and presented all material alongside the forensic neuropsychologist report and treatment plan to the Court. If you receive a subpoena or need guidance on preparing reports, see our court representation page.
The Court Outcome Under Section 14
After considering the material and hearing extensive submissions from Ms Sayed, the Court dismissed all the charges pursuant to s 14. In NSW, s 14 is contained in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). A successful s 14 diversion focuses on treatment and support in the community rather than conviction. Our client was able to avoid entries on his record despite the seriousness of the alleged offences. Read more about our approach to sentencing advocacy and bail applications.
Why Early Advice Matters
Early engagement allows us to coordinate assessments, treatment, and supports that satisfy the Court’s concerns. If you or a family member is facing charges where capacity, cognition or mental health may be relevant, start with our guide on what to do if police contact you and our overview of NSW criminal court procedures. General supports are available through NSW Health and Dementia Australia.
Talk to Our Team
For confidential advice about s 14 diversion, AVO matters or any criminal charge, contact Jameson Law — Criminal Law or reach us at jamesonlaw.com.au/contact/. Call (02) 8806 0866.
