Our client was a 32 year old male with a minor criminal history. The police were called to locate the client due to concerns about his mental health. Police found the client and informed him that he was being detained, which he resisted. The client punched an officer to the eye with a closed fist causing bruising, and then hit him again to the ear causing a laceration and swelling. He made several threats to each of the officers. The client was charged with resisting an officer in execution of duty, assaulting police officer causing actual bodily harm, and intimidation on police officer. Each of the offences are treated very seriously by the courts. The most serious of the charges being the assault police causing actual bodily harm, which attracts a maximum penalty of 7 years imprisonment, if dealt with on indictment. The maximum penalty for each of the resist officer and intimidation offences is 5 years imprisonment. The client had a history of mental health issues. He had been diagnosed with Major Recurrent Depression and Anxiety disorder. His mental health issues were exacerbated at the time of the offending due to personal circumstances. After a lengthy adjournment enabling the client to commence appropriate treatment, we made a Section 14 Application seeking to have the client diverted out of the criminal justice system and in to the mental health system. The Magistrate was ultimately persuaded to grant the Section 14 Application, and all of the charges were dismissed on the condition that the client comply with the supervised Treatment Plan.

