No Conviction At Severity Appeal
My client was charged with assault occasioning actual bodily violence (domestic violence) and damaging property (domestic violence). In the Local Court, my client received a conviction.
After approaching me and following advice, my client embarked on a severity appeal in the District Court for the purposes of making a mental health diversion application.
During submissions to Her Honour, arguments surrounding why the public interest would be served if my client was diverted from the criminal justice system were ventilated. Her Honour was ultimately satisfied that my client would be a suitable vehicle for diversion and that to be dealt with at law would not be in the public interest. As such, Her Honour granted the application pursuant to section 14 Mental Health And Cognitive Impairment Forensic Provisions Act 2020 (NSW).
This was a great result for my client who was able to leave court without a conviction as a result of this criminal offending.