Assault Charges – Accused Psychotic

AssaultThis is a case of assault charges against an accused that was psychotic.

Our client was arrested under Mental Health Act provisions and was taken to Sunshine hospital. The client was psychotic (possible long term effect of synthetic cannabis-induced psychosis) and was awaiting bed in psychiatric unit when self harming occurred. Assaults against medical staff were committed by throwing indiscriminate punches to female and male nursing staff and doctors.

Note that this incident occurred shortly after the widely publicised incident at Box Hill Hospital (by a different accused) where a surgeon was punched resulting in his death.

We represented the client at the Sunshine Magistrates’ Court on charges of Unlawful Assault and Assault.

It must be noted that the police were not willing to withdraw the charge and were, indeed, seeking to lay an additional charge of Affray.

Whilst we were unable to provide psychiatric material that went as far as making out the defence of mental impairment at the time of the incident, the psychiatric material was significantly mitigatory. This allowed us to draw distinctions from the Box Hill case resulting in a more favourable sentence. For the assault charges committed by an accused during a psychotic episode, the court imposed a treatment-based Community Corrections Order without conviction.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 09/02/2018