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 s14 diversion.
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 a NDIS support-worker to assist the client, liaised with Justice Advocacy Services for further recommendations, and presented all material alongside the forensic neuropsychologist report and treatment plan to the Court. After considering the material and hearing extensive submissions from Ms Sayed, the Court dismissed all the charges pursuant to s14 of the Mental Health Act. Our client was able to avoid having any entries on his record, despite the seriousness of the offences he had been charged with. A lot of work, time and effort went into this matter by Ms Sayed, for which the client and his family were endlessly grateful.
