MENTAL HEALTH LAWYERS BLACKTOWN

Mental health can influence how the court assesses responsibility and sentencing in criminal cases. In some instances, an ongoing or temporary mental illness may reduce liability, leading to alternatives to standard penalties.

Instead of a conviction, a court may order a structured treatment plan under section 3A of the Crimes (Sentencing Procedure) Act 1999, managed by a mental health professional. For this to be considered, the Magistrate must review detailed medical evidence showing how the condition relates to the alleged offence. A properly documented treatment plan is also required to argue that the matter should be handled under the Mental Health Act 2007 rather than traditional sentencing.

An experienced lawyer can present the necessary medical and legal evidence to support this approach. Given the complexities involved, strong legal representation can significantly influence the outcome.

Mental illness is not an excuse but a recognised factor that can affect behaviour and criminal liability. Courts acknowledge its role in some offences, but proving this requires a strong legal argument supported by medical evidence. A well-prepared case can influence how the matter is handled and the sentencing imposed.

A lawyer experienced in mental health-related cases can help avoid a conviction and explore alternative legal options.

At Kells, we develop defence strategies that ensure mental health is properly considered as a mitigating factor. We collaborate with medical professionals to provide expert testimony, reports, and supporting evidence. Our goal is to secure an outcome that balances legal considerations with rehabilitation, minimising long-term consequences.