SECTION 14 MENTAL HEALTH APPLICATION GRANTED

BACKGROUND:

Steven Mercael, Principal at Criminal Lawyers Group, recently achieved a Section 14 dismissal for a client charged with serious assault involving a weapon.

The client had been accused of threatening his housemate with a knife during a heated argument and slashing the housemate’s arm, causing visible injury. Police charged the client with reckless wounding, an offence that could carry a custodial sentence if convicted.

MENTAL HEALTH CONTEXT:

Upon investigation, it became clear that the client had a long-standing but untreated mental health condition, including panic disorder and a brief psychotic episode triggered by medication withdrawal and severe personal stress.

Steven Mercael arranged for a comprehensive psychiatric assessment, which diagnosed the client with a mental health impairment under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). The report also included a structured treatment plan, involving medication compliance, regular psychiatric review, and community-based psychological support.

LEGAL STRATEGY:

Mr Mercael filed a well-supported Section 14 application in the Local Court, including:

A psychiatric report confirming the client’s mental health condition
A formal treatment plan with ongoing compliance measures
Character references and letters of support
Evidence that the client had already engaged meaningfully with treatment

In submissions, Mr Mercael argued that the offence occurred in the context of a mental health crisis, and that rehabilitation—not punishment—was in the interests of justice and public safety.

OUTCOME:

The Local Court Magistrate agreed that the legal criteria under Section 14 were met and made the following orders:

The charge was dismissed
The client was conditionally discharged into the care of a mental health professional
A 12-month treatment plan was to be followed, with health professionals providing oversight

As a result, no conviction was recorded, and the client avoided the lifelong consequences of a criminal record.

WHY IT MATTERS:

This case highlights how early legal intervention and expert preparation can lead to extraordinary outcomes—even in serious matters involving violence. With a strategic Section 14 application, the court recognised that treatment and support were more appropriate than a criminal penalty. In a current climate where these applications are being scrutinised it is important to prepare the strongest application possible.

Steven Mercael’s success in this case reflects the high standard of representation offered by Criminal Lawyers Group in complex mental health matters.

NEED HELP WITH A MENTAL HEALTH DEFENCE?

If you or someone you care about is facing criminal charges and has a mental health condition, expert legal advice is critical. Steven Mercael and the team at Criminal Lawyers Group are specialists in Section 14 mental health applications, with a proven track record of successful outcomes.