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Section 32 Mental Health

Section 32 Mental Health

What is a section 32 Order?

What is a section 32 Order? – Analysis of the Mental Health (Forensic Provisions) Act 1990 (NSW) By Yavin Kumar @ Sydney Criminal Defence Lawyers Section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is an efficient tool available to Magistrates in New South Wales Local Courts to divert people with intellectual and mental conditions away from the criminal justice system. An order made under section 32 allows a Magistrate to recognise the issues associated with the offender’s mental health, and...

Posted on 
February 7, 2018
  by
Sydney Criminal Defence and Traffic Lawyers
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Section 32 Mental Health

Dispensation under Mental Health Act for big four bank fraud at Burwood Local Court

Our client was a young woman with mental issues having grown up in an abusive household. She was charged with fraud after she had moved over $5000 into her personal bank account while working as a clerk at a big four bank in the inner western suburbs. We obtained a psychiatrists’ report and a treatment plan, and the court agreed to deal with our client’s matter otherwise in accordance with law and under the Mental Health (Forensic Provisions) Act.

Posted on 
May 22, 2014
  by
Sydney Criminal Defence and Traffic Lawyers
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Section 32 Mental Health

Theft offences dealt with under Mental Health Act

Our client was charged with a number of shoplifting offences. We obtained a medical report which provided that our client was suffering from impulse control disorder in the form of kleptomania at the time of the offences. We made an application under s 32 of the Mental Health (Forensic Provisions) Act 1990 to deal with the matter otherwise than in accordance with law, and our client was put on a treatment plan without her matter proceeding to hearing.

Posted on 
April 9, 2014
  by
Sydney Criminal Defence and Traffic Lawyers
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Section 32 Mental Health

Assault matter dismissed on grounds of mental health

Client charged with assault. SCDL mounted a sec. 32 application to have the matter dealt with under the Mental Health Act rather than the criminal law, resulting in the dismissal of the charges conditional to a 6 month mental health plan.

Posted on 
March 30, 2012
  by
Sydney Criminal Defence and Traffic Lawyers
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