Criminal Lawyers Group achieved multiple Section 14 mental health diversions for clients facing serious criminal charges across New South Wales. These outcomes reflect the courts’ continued acknowledgment that mental health impairments must be treated with care and compassion—especially where rehabilitation is more appropriate than punishment.
What Is Section 14?
Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a court can dismiss criminal charges against an accused person living with a mental health condition or cognitive impairment, and instead make a Section 14 order.
This diversion allows individuals to be discharged into the care of a treating professional (GP, psychologist, or psychiatrist), with the goal of managing their condition in the community.
✅ No conviction is recorded
✅ No criminal record arises from the dismissed charges
Recent Section 14 Wins by Our Defence Team
⚖️ HIGH PROFILE CASE:
Charge: Assault Occasioning Actual Bodily Harm – Dennis Dowlut Case
In a high-profile matter, Dennis Dowlut was charged with assault occasioning actual bodily harm after an incident involving his wife, Alisha Oxley. The court accepted that Mr. Dowlut’s actions were the result of a cannabis-induced psychotic episode, and not intentional harm. The defence, led by Steven Mercael, presented compelling evidence of Mr. Dowlut’s mental health condition and his remorse for the incident. The court granted a Section 14 diversion, allowing Mr. Dowlut to receive psychiatric treatment in the community without a conviction being recorded. This outcome was hailed as an “amazing result” for Mr. Dowlut, highlighting the importance of mental health considerations in the criminal justice system.
⚖️ Charge: Reckless Grievous Bodily Harm (GBH)
Following a one-punch incident outside a pub, our client was charged with reckless GBH. Steven Mercael, Principal Lawyer, presented evidence of complex PTSD and disassociation stemming from childhood trauma. With no prior record and strong treatment engagement, the court dismissed the charge under Section 14.
⚖️ Charge: Child Neglect
A single mother facing charges of neglect after leaving her young children home alone was diagnosed with major depressive disorder with delusional features. Steven Mercael appeared on behalf of the client obtained a great result, after showing stable improvement in therapy, the court found it more appropriate to impose a Section 14 order than proceed to sentencing.
⚖️ Charge: Armed with Intent
Steven Mercael appeared for our client, arrested with a knife near a store, was charged with being armed with intent. A diagnosis of schizoaffective disorder was substantiated by his history of psychosis, triggered by housing instability. The court dismissed the charge and required ongoing psychiatric and housing support under Section 14.
⚖️ Charge: Stalking/Intimidation – Domestic Violence
After repeated contact with an ex-partner, our client was charged with domestic violence-related stalking. A clinical report confirmed the presence of OCD with obsessive relational delusions. The court accepted there was no malicious intent and dismissed the charge under a Section 14 treatment framework.
⚖️ Charge: Assault with a Weapon
Our client, a father and full-time carer, used a blunt object during an emotional outburst involving his adult son. A history of generalised anxiety disorder was documented. With structured therapy and carer support services in place, the court granted a Section 14 dismissal.
Why These Decisions Matter
Section 14 plays a vital role in keeping people with mental health challenges out of the criminal justice system and connected to meaningful supports. These recent results show that even clients charged with serious offences—including violence—can be diverted if there’s a clear link between their condition and the offending behaviour.
As lawyers, our role is to ensure that your mental health is not overlooked, but properly considered by the court, backed by strong evidence and tailored treatment plans.
📞 Contact Criminal Lawyers Group
If you or a loved one has been charged with a criminal offence and has a mental health or cognitive impairment, we can help you apply for a Section 14 diversion.
📍 We have offices in Sydney CBD, Parramatta, and Blacktown.
📞 Call us today on (02) 8815 8177
🌐 Or submit an enquiry at: www.criminallawyersgroup.com.au