Our client was charged with common assault. It was alleged that she assaulted a nurse by scratch to the neck and chest area. The conduct was accepted the client. The maximum penalty for the offence is 2 years imprisonment. The client suffered from Post-Traumatic Stress Disorder and Major Depressive Disorder. We obtained a comprehensive Section 14 Report from the client’s treating psychiatrist, setting out her diagnosis and a proposed treatment plan. The difficulty in this case was that the client had already had the benefit of the mental health legislation for an identical offence in recent years. The law indicates that the Magistrate may consider “whether the defendant has previously been the subject of an order under this Act or section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW)” (Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 15(f)). We ultimately persuaded the magistrate that the proposed Treatment Plan would better treat the diagnoses. Submissions were made distinguishing the current Treatment Plan to the previous one and outlined significant deficiencies in that earlier Treatment Plan. The Court dismissed the charge, and discharged the client into the care of her treating psychiatrist on the condition that she complies with the Treatment Plan.