Case facts

Our client had been placed on involuntary leave from work due to depression, and was being treated with anti-depressant medication. Our client’s dosage was increased significantly, leading to a vast improvement in his condition. Feeling capable of socializing, our client went out for a night with family and friends, and consumed alcohol. Inexplicably, our client attacked a friend of his outside a hotel, causing serious injuries. The incident was captured on CCTV, and our client was charged with Assault Occasioning Actual Bodily Harm. Our client, who worked for a Government department, had recently been able to return to work after his illness, and needed to avoid a conviction, or else face dismissal.


Case result

An application was made, however, to dismiss the matter pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990. A detailed psychiatric report was prepared outlining our client’s condition, and a thorough treatment plan was devised by his psychiatrist to provide a viable alternative option rather than sentencing him. The Magistrate was persuaded that our client’s illness, promising recovery, and clean criminal record, as well as his need to avoid a criminal record to remain at work were the paramount considerations in this matter. Accordingly, the Magistrate agreed to dismiss the charge against our client, so long as he obeyed the advice of his GP for a period of six months.



Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.