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Mental Health Applications

The New Mental Health Regime in the NSW Criminal Courts

by Paul Gregoire & Ugur Nedim
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the New Act) came into effect on the 27 March 2021. Passed last June, the New Act replaces the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Old Act)...

Do I Need To Attend My Local Court Case During The Coronavirus Pandemic?

by Patrick O’Sullivan
The Chief Magistrate of the NSW Local Court, Judge Graeme Henson, has made announcements about changes the court will implement from Monday, 30 March 2020 in response to the Covid-19 (Coronavirus) Pandemic. These changes are aimed at managing the thousands...

Section 32 Mental Health Applications: A Psychiatrist’s Report is Not Necessary

by Paul Gregoire & Ugur Nedim
Joseph Perdicaro was charged with two criminal offences on 6 April 2018. The first was stalking or intimidation with intent to cause physical or mental harm under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This...

The Defence of Mental Illness in New South Wales

by Sonia Hickey & Ugur Nedim
Being found not guilty by reason of mental illness isn’t just the stuff of good fiction crime novels, as a recent case in the Supreme Court of New South Wales demonstrates. In that case, a 38-year old father who stabbed...

Section 32 Mental Health Applications in New South Wales

by Ugur Nedim
A former partner of accounting firm KPMG has faced Manly Local Court after admitting using a corkscrew to threaten a Liberal party campaigner, punching him in the stomach while holding the object, calling him a “paedophile supporter” and tearing down...

Drug Charge Against Ray Hadley’s Son Dismissed Due to Mental Health

by Ugur Nedim & Sonia Hickey
Former police officer Daniel Hadley, the son of ‘tough on crime’ radio shock-jock Ray Hadley, has had a drug charge for cocaine possession dismissed on mental health grounds. Mr Hadley was reported to have been arrested while attempting to purchase cocaine...

League Star’s Alleged Stalker Claims a Mental Health Condition

by Sonia Hickey & Ugur Nedim
The former girlfriend of rugby player Bryce Cartwright has faced Penrith Local Court to answer allegations that she used social media to stalk and make death threats against the rising NRL star. Ms Brittany Hura is alleged to have posted...

Mental Health and Criminal Law: The Benefits of Psych Reports

by Ugur Nedim
Have you been charged with a criminal offence while you were struggling with a mental health problem? Sometimes, you can raise a mental illness defence and be found ‘not guilty’ on that basis. In other situations, a ‘mental condition’ can...

Intellectual Disability and Mental Health Orders

by Ugur Nedim
In the NSW court system, people with an intellectual disability or mental illness can sometimes be given special provisions, including mental health orders, to allow them to bypass the usual legal system and instead be diverted into treatment programs. Although...

Drafting Section 32 Applications – A Guide for Criminal Lawyers

by Ugur Nedim
Applications under section 32 of the Mental Health (Forensic Provisions) Act 1990 are a handy tool for diverting clients who suffer from ‘mental conditions’ towards getting the help they need. The section allows a court to dismiss a criminal charge...
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