Weekly update: Parramatta lawyers successful in section 14 applications
Australian Criminal Law Group have had a run of successful section 14 applications covering a wide range of criminal offences.
Section 14 is a mental health order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that diverts people out of the criminal system and into the care of their treating psychologist, psychiatrist, or general practitioner in the community. This order was previously known as section 32. Where a court makes a section 14 order, no conviction is recorded, and a person has no criminal record.
Australian Criminal Law Group defence team are known for getting the best results. The following cases are prime examples of the level of expertise they possess in section 14 applications.
If you’ve been charged with a criminal offence, get in touch. Call us on 02 8815 8167 or send a website enquiry.
Recent Successful Section 14 Applications
Charges: Assault and intimidation
Criminal lawyer Our solicitor was successful in having a section 14 order made for a client charged with three counts of assault and intimidation. The client had assaulted and threatened 2 strangers on the street. She had a criminal record. Mr Mercael argued that despite the seriousness of the offending, and prior criminal record, his client could be dealt with under section 14 because of the nexus between her mental health impairments and offending. Mr Mercael argued that the combination of Attention Deficit/Hyperactivity Disorder, Post-traumatic Stress Disorder and borderline personality disorder, meant that it was not appropriate for the court to use her to set an example to the community that offending of a like kind would be punished. He argued the community would be best served by having her receive treatment in the community for 12 months. The Magistrate agreed and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Mercael proposed.
Charges: Dangerous driving and assault occasioning actual bodily harm
Criminal lawyer Our solicitor was successful in having a section 14 order made for a client charged with driving in a manner dangerous and assault occasioning actual bodily harm. Mr Mercael argued that his client was in a “drug-induced psychosis”, after smoking cannabis, when he fled his house in a car, to avoid 5G towers, and pushed his wife out of the vehicle in the process. The Magistrate, despite finding the offences serious, agreed with Mr Mercael that there was a nexus between the offending and mental health impairment and that his client had engaged well in treatment since committing the offences. The magistrate dismissed both matters under a Section 14 mental health order, meaning no conviction was recorded but ordered Mr Mercael’s client to continue treatment with a psychologist and remain on antipsychotic medication.
Charges: Sexual touching
Criminal lawyer Joseph Correy was successful in having a section 14 order made for a client charged with sexual touching. Mr Correy’s client had been in Sydney, holidaying from Melbourne shortly after the COVID-19 lockdowns ended and touched the buttocks of a woman at a nightclub. Mr Correy argued that his client had developed an adjustment disorder with mixed anxiety and depression during Melbourne’s stage 4 lockdowns. He argued his client had self-medicated with alcohol and that his excessive alcohol use on the night of the offence was directly related to his adjustment order. The Magistrate agreed there was a nexus between his adjustment order and offending, and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Correy proposed.
Charges: Larceny as a clerk and fraud
Criminal lawyer Joseph Correy was successful in having a section 14 order made for a client charged with larceny as a clerk and fraud. The amount of money his client had stolen, and defrauded, from his employer exceeded $10,000. Mr Correy argued that his client’s underlying anxiety disorder had been exacerbated by his employer’s treatment of him, including his failure to properly compensate him for his hours worked. Mr Correy argued the anxiety order affected his client’s ability to communicate with his employer and stand up for himself. Mr Correy argued his anxiety disorder resulted in him stealing, not out of greed, but rather as a misguided attempt to recoup what he believed he was owed in a manner that avoided confrontation with his employer. The Magistrate agreed there was a nexus between his anxiety disorder and offending, and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Correy proposed.
Charges: Assault police, resist police, common assault, damage property, enter enclosed lands
Criminal lawyer Ash Jawas was successful in having a section 14 order made for a client charged with Assault police, resisting police, common assault, damaging property, and entering enclosed lands. The client had travelled in a taxi and refused to pay the driver before punching him and running off. In doing so, he damaged a fence and ran through someone’s house. When police located him, he resisted police and kicked an officer in the chest. With so many charges, it was a hard-fought win for Mr Jawas who argued the court could appropriately make the section 14 order on account of his client’s mental health impairments, combined with youth, rehabilitation, and the circumstances of the offending. He argued his client’s adjustment disorder with depressed mood and co-morbid alcoholic disorder had been worsened by significant life stressors including the suicide of a close friend. Mr Jawas further argued that the client was significantly rehabilitated having completed regular sessions with a psychologist, as well as having completed the Positive Lifestyles and Oakdene programs. The Magistrate agreed and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Jawas proposed.
Charges: Assault police
Criminal lawyer Ash Jawas was successful in having a section 14 order made for a client charged with Assault on police. The client jumped in the harbour on St Patricks Day and assaulted a police officer trying to help him. Intoxication was a factor in the offending and made the magistrate reluctant to deal with the charge under section 14. Mr Jawas argued his client was suffering from Major depressive disorder, generalised anxiety disorder, and Attention Deficit/Hyperactivity Disorder, at the time of the offence. He argued there had been no previous behavioural issues with alcohol and it was events in his client’s personal life around the time of offending that bought about mental health impairment and triggered the offending conduct. The Magistrate was convinced there was a nexus between his anxiety disorder and offending, and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Jawas proposed.
Charges: Assault occasioning actual bodily harm
Criminal lawyer Michael Djurichkovic was successful in having a section 14 order made for a client charged with Assault occasioning actual bodily harm. Mr Djurichkovic argued that his client, who worked in an office, had been suffering from a persistent depressive disorder when his client assaulted a cleaner for vacuuming too loudly. Mr Djurichkovic tendered evidence that his client was in a state of extreme agitation at the time of the offending due to being in a state of withdrawal from anti-depressant medication that he had ceased on medical advice. The Magistrate agreed there was a nexus between the persistent depressive disorder and offending, and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Djurichkovic proposed.
Charges: Assault police and fail to leave licensed premises
Criminal lawyer Michael Djurichkovic was successful in having section 14 made for a client charged with Assaulting police and failing to leave licensed premises. His client had assaulted a police officer who tried to move him on from a pub where he had been drinking by himself. Mr Djurichkovic argued that his client had post-traumatic stress disorder. He argued his client’s life had been a particularly difficult one that included being sexually abused as a child and suffering permanent blindness from his late teens. Mr Djurichkovic argued that his client’s achievements, given his history, were exceptional. He argued that his client’s alcohol abuse was a form of self-medication linked to his mental health impairments and his behaviour when intoxicated was completely at odds with his behaviour when sober. The Magistrate agreed there was a nexus between the post-traumatic stress and offending, and dismissed the charges without a conviction, making the section 14 order in the terms that Mr Djurichkovic proposed.
Parramatta Criminal Lawyers for Section 14 applications
If you have been charged with an offence, you’re applying for a section 14 order, get in touch with us at Australian Criminal Law Group. We have a team of defence lawyers who are experts at getting bail for serious drug-related crimes.
Contact us at our Parramatta, Sydney or Blacktown office on 02 8815 8169 or send us a website enquiry.
To find out more about section 14 applications, visit our section 14 page.