At Elbob & Stephenson Legal, we were engaged by the family of a young man who had spent four months in custody with bail refused, facing a long list of serious criminal charges across four different Local Courts. The charges included:
Our client’s family sought alternate legal representation after concerns that his underlying mental health conditions had not been properly addressed in the criminal process.
Upon taking carriage of the matter, our first step was to consolidate all charges to be dealt with in a single court—Sutherland Local Court—to avoid duplication, delay, and complexity.
Our team then conducted a thorough investigation into our client’s mental health history. It became clear that he had been suffering from severe and untreated psychiatric conditions, which directly contributed to the offending behaviour.
We obtained a comprehensive expert psychological report and made a strong application under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). The court accepted that our client’s actions were the result of significant, previously unrecognised mental illness and that the best outcome for both the client and the community was not punishment—but treatment.
The court dismissed all charges under the Mental Health Act, and our client was released from custody the following day to begin a structured treatment program, supported by his family and mental health professionals.
This case is a powerful reminder that justice is not one-size-fits-all. Our intervention ensured the legal system responded compassionately and appropriately to our client’s mental health needs.
Does someone you care about need a criminal lawyer who understands the role of mental health in the justice system? At Elbob & Stephenson Legal, we are experienced in making successful mental health applications that prioritise treatment over punishment.
