Our client was charged with one count of common assault and one count of assault occasioning actual bodily harm. Both offences were domestic violence related. The police alleged that during a relationship breakdown, our client made her way to the complainant’s place of work and threw a bottle at him, causing a small laceration to his face.
Our client was young and had pre-existing mental health conditions. Our client had been suffering with extreme anxiety and depression for many years and had been receiving treatment for these conditions. Prior to the alleged incident our client lowered the dosage of medication prescribed for these conditions.
We obtained a psychologist report outlining the connection between her mental conditions, external stressors and the impact this had on her judgement and decision-making capabilities at the time of offending. With our written submissions, our prepared subjective bundle and our vigorous oral submission, we were able to convince the presiding Magistrate at Liverpool Local Court to divert our client under the mental health legislation rather than sentence her pursuant to the criminal law.
As a result, both charges were withdrawn and dismissed, and an ADVO was accepted on a without admissions basis for a period of 12 months with condition 1 only.