2 charges withdrawn on account of well drafted and argued representations by Whitehall and Associates.
Our Associate, Daniela, was successful in having two charges for a client withdrawn through representations. Our client, X, was charged with 2 counts of Common Assault and 1 charge of Trespass. Our defence for the client was clear – self-defence for the common assault, and an argument for the application of the common law principle of de minimis for the charge of trespass. Police agreed to withdraw those charges. For the remaining common assault charge, we are intending to file an application under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12, to have their charges dismissed upon being discharged into the care of nominated mental health professional. A defence under Section 14 is available to a Defendant when there has been a mental health impairment at the time of the offence. A mental health diagnosis is not needed. Our client had been struggling with mental health for a significant period of time and there was a sufficient nexus between the offending and their mental health. Another win for Whitehall.
