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SECTION 32 EXAMPLES

Recent section 32 orders obtained for our clients include:

 
UPDATED 9 OCT 2018

2018 Downing Centre Local Court
Common Assault,
Intentionally or recklessly destroy/damage property
Dismissed section 32 Mental Health (Forensic Provisions) Act 1990


2018 Maitland Local Court
 Possess housebreaking implements;Enter inclosed lands;
Break and enter with intent to commit SIO;Break and enter in company with intent to steal;Drive in a manner dangerous;Use offensive weapon with intent to prevent lawful apprehension;Drive whilst disqualified;
Drive under influence of drug (methylamphetamine);
Found unfit for trial. Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

2018 Burwood Local Court
Possess Prohibited Drug
Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

2018 Batemans Bay Local Court
Assault occassioning actual bodily harm; Intentionally or recklessly destroy/damage property; kidnap (withdrawn)
Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

2018 Parramatta Local Court
Observe person in private act for sexual arousal / gratification
Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

 2017 Manly Local Court 
Assault police (x2)
Resist police
Enter Inclosed Lands

Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

2017 Waverley Local Court
Common Assault (x2)
Assault Occasioning Actual Bodily Harm
Contravene AVO (x2)

Dismissed section 32 Mental Health (Forensic Provisions) Act 1990

2017 Burwood Local Court
Drive with Mid Range PCA
Dismissed s.32 MHFPA

2017 Wollongong Local Court
Police pursuit drive in a manner dangerous, drive in speed/manner dangerous, assault police, resist police, dishonestly obtain property by deception, assault police, use knife with intent to prevent
apprehension
Dismissed s.32 MHFPA

2017 Burwood Local Court
Larceny
Dismissed s.32 MHFPA

2017 Downing Centre Local Court
Assault police, assault police occassioning actual bodily harm, resist police (whilst on a section 10(1)(b) Bond) 
Section 32 application refused.
Dismissed - further section 10(1)(b) Bond imposed.


2016 - Newtown Local Court
Drive with Low Range PCA
Dismissed s.32 MHFPA

2016 - Lismore District Court (on Appeal)
Police pursuit not stop drive recklessly, Resist officer in execution of duty; drive recklessly or in a speed/manner dangerous
Appeal upheld.  Convictions quashed;  Dismissed s.32 MHFPA

Dec 2015 - Penrith Local Court
Intentionally cause fire/ reckless as to its spread; Cause or set fire to property of another; Leave fire lit in open air
Dismissed s.32 MHFPA


Aug 2015 - Picton Local Court
Common assault; wilfully alter concentration of alcohol in blood
Dismissed s.32 MHFPA


2015 Sydney District Court (on Appeal)
Drive with High Range PCA (2nd offence)
Dismissed s. 32 MHFPA


2015 Waverley Local Court
Film private parts without consent
Dismissed and discharged without conviction - section 32 MHFPA


2015 Downing Centre Local Court
Stalk/Intimidate with intention to cause fear, indecent assault (x2) & common assault
Dismissed s. 32 MHFPA


2015 Downing Centre Local Court
Commit act of indecency (x2)
Dismissed s. 32 MHFPA


2015 Burwood Local Court
DUI Drug, Drive in a Manner Dangerous, Fail to Provide Particulars
Dismissed s. 32 MHFPA


2015 Downing Centre Local Court
Common Assault (DV)
Dismissed s.32 MHFPA


2014 Downing Centre Local Court
Use Carriage Service to Threaten Serious Harm
Dismissed s.32 MHFPA


2014 Downing Centre Local Court
Possess Prohibited Drug
Dismissed s.32 MHFPA
 

 2014 Burwood Local Court  -                                                               
Possess Prohibited Drug 
Dismissed and discharged without conviction - section 32 MHFPA


2013 Cooma Local Court -
Fail to Submit to Breath Test
Dismissed and discharged without conviction - section 32 MHFPA


2013 Mt Druitt Local Court -
Police Pursuit, Not Stop, Drive in a Manner/Speed Dangerous
Dismissed and discharged without conviction - section 32 MHFPA


2013 Burwood Local Court - Police Pursuit, Not Stop, Drive in Manner Dangerous, Assault Police, Resist Officer in Execution of Duty.
Dismissed and discharged without conviction - section 32 MHFPA


2013 Newtown Local Court -
Possess Prohibited Drug
Dismissed and discharged without conviction - section 32 MHFPA


2013 Sutherland Local Court -
Larceny, Custody of Knife
Dismissed and discharged without conviction - section 32 MHFPA


2012 Sutherland Local Court -
Possess Prohibited Drug
Dismissed and discharged without conviction - section 32 MHFPA

Where a section 32 is refused because of the seriousness of the offence the sentence imposed upon conviction can be substantially reduced.  Recent examples include:

2015 Broken Hill District Court
Assault police occassioning actual bodily harm
(on appeal against the severity of a sentence of 12 months full time imprisonment).  Appeal upheld.  Sentence of 9 months suspended on entering into a section 12 good behaviour bond.

2015 Newcastle Local Court
Drive with High Range PCA (5th PCA offence)
Section 32 Refused.  Section 9 good behaviour bond (3yrs)

2014 Downing Centre Local Court

Give False Evidence to the Police Integrity Commission (x2)

Section 32 refused.  Sentenced to 9 months Home Detention.


 
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