Our client appeared before the Court charged with intentionally or recklessly destroy or damage property.

This offence carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine in the Local Court, or 5 years imprisonment in the District Court.

Police alleged our client attended a petrol station, picked up an empty large chlorine drum, and used it to smash windows at the premises, causing damage.

The incident was described as unprovoked and random. Following the offence, our client was conveyed to hospital after a suspected mental health episode.

Our client was a 34-year-old husband and father with a criminal history who sought legal assistance to pursue a treatment-based outcome rather than punishment.

He instructed Lamont Law solicitor Jelena Dobric to make an application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Jelena Dobric carefully advised the client regarding the process and prepared the matter thoroughly. This included:

  • Drafting a detailed letter of instruction to a mental health professional
  • Gathering relevant medical records
  • Obtaining expert evidence regarding diagnosis and treatment
  • Preparing submissions addressing the connection between the offending and mental health

Appearing before Magistrate J Wong at Penrith Local Court, Jelena Dobric made persuasive submissions seeking dismissal of the charge and a therapeutic response.

The Court accepted the application and dismissed the offence under section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

As a result:

  • The charge was dismissed
  • No conviction was recorded
  • The client was able to focus on treatment and recovery

Why this result matters: Where offending is linked to mental health issues, early legal advice and strong expert evidence can lead to treatment-focused outcomes rather than criminal punishment.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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