At Parramatta Local Court, Criminal Lawyers Group secured a Section 14 mental health diversion for a client facing serious domestic violence charges, including allegations of threatening his wife with a knife. The matter was conducted by Principal Lawyer Steven Mercael, who successfully negotiated charge reductions and presented a strong mental health application, leading to an outcome that prioritised rehabilitation over punishment.
⚖️ The Charges: Armed with Intent, Assault & Intimidation
Our client initially faced three serious charges:
- Armed with intent to commit an indictable offence
- Common assault
- Stalking/intimidation (domestic violence-related)
The police alleged that during a domestic argument, our client:
- Held a knife and threatened to kill his wife
- Pushed and slapped her during the incident
These are serious allegations that typically attract harsh penalties. However, Steven Mercael carefully reviewed the police brief, identifying factual inaccuracies and inconsistencies.
Through successful negotiations with the prosecution:
- The armed with intent charge was withdrawn
- The facts were amended to reflect a more accurate version of events
- The conduct was properly reframed in light of the client’s mental health state at the time
The client accepted responsibility for his actions, expressed genuine remorse, and had already begun active engagement with mental health treatment in the community by the time of sentencing.
🧾 Applicable Legislation
1. Section 14 – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Section 14 allows a court to dismiss charges if the accused is found to be mentally ill or cognitively impaired at the time of the offence and it is more appropriate to deal with the matter via treatment and support, rather than punishment.
Key points:
- Charges can be dismissed without recording a conviction
- The court may impose conditions, such as ongoing treatment or supervision
- Applies to both summary and indictable offences dealt with summarily
2. Crimes Act 1900 (NSW)
- s114 – Armed with intent to commit an indictable offence
It is an offence to be armed with a weapon with the intent to commit a serious (indictable) offence.
➤ Maximum penalty: 7 years imprisonment - s61 – Common Assault
Assaulting or threatening a person without lawful excuse, where no grievous bodily harm is caused.
➤ Maximum penalty: 2 years imprisonment - s13 – Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Covers stalking and intimidation with intent to cause fear of physical or mental harm, including domestic violence-related intimidation.
➤ Maximum penalty: 5 years imprisonment and/or 50 penalty units
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🧠 Mental Health Background: Severe Depression and Anxiety
Steven Mercael obtained a detailed psychological assessment, which diagnosed the client with severe depression and generalised anxiety disorder. The report outlined that the offending occurred during a mental health crisis, which significantly impaired his emotional regulation and judgment.
The client had suffered from longstanding mental health issues, exacerbated by relationship breakdown, financial hardship, and medication non-compliance. He had since re-engaged with treatment, including regular therapy, medication, and a supportive care team.
⚖️ Section 14 Application: Focused on Rehabilitation
After the charge negotiation, Steven Mercael proceeded with a Section 14 application in relation to the two remaining charges: assault and intimidation.
The application was supported by:
- A comprehensive psychological report
- Evidence of the client’s remorse and insight
- A clear, structured treatment plan
- Proof of ongoing mental health support and supervision
✅ The Outcome: Charges Dismissed Under Section 14
The Parramatta Local Court accepted our submissions and made a Section 14 order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
This meant:
- The charges were dismissed
- No conviction was recorded
- The client was required to continue with mental health treatment in the community for 12 months.
This outcome reflects a compassionate and evidence-based approach by the court, ensuring the client receives the support he needs to avoid future contact with the criminal justice system.
🔍 Why This Matters
Even where allegations involve violence and weapons, courts can show leniency and understanding where there’s clear evidence that mental health was the driving factor. Section 14 ensures that individuals experiencing genuine psychological distress are not criminalised for their illness, but instead guided toward recovery and rehabilitation.
✅ Why We Secured This Successful Result
- Fast, Effective Negotiation
We moved quickly to engage with police prosecutors and successfully negotiated the withdrawal of the most serious charge. - Led by a Senior Criminal Defence Lawyer
Principal Lawyer Steven Mercael personally appeared in court and handled the matter from start to finish, ensuring strategic precision. - Extensive Experience with Mental Health Applications
Our deep understanding of Section 14 and mental health defences allowed us to build a compelling case supported by expert reports. - Accurate Fact Management
We ensured the facts were amended to reflect the true version of events, giving the court a fair and balanced picture of what occurred. - Client-Focused, Outcome-Driven
Our client’s remorse, treatment engagement, and recovery journey were highlighted—helping the court see rehabilitation as the right path forward.
📞 Need a Mental Health Defence? Contact Us
If you or someone you care about is facing criminal charges and has a mental health condition, don’t face the courts alone. We can help you pursue a Section 14 mental health application.
📍 Offices in Sydney CBD | Parramatta | Blacktown
📞 Call us now on (02) 8815 8177
🌐 Visit: www.criminallawyersgroup.com.au