What is a Mental Health Defence?
Australian criminal law recognises that mental health conditions may affect a person’s criminal responsibility. A mental health defence may reduce or remove liability if supported by medical evidence. In some cases, the Court may impose treatment or supervision orders as alternatives to imprisonment. This defence protects the legal rights of the accused while ensuring access to appropriate medical care.

When can a mental health defence apply?

• Where an accused suffered from a mental illness at the time of the alleged offence and lacked the capacity to understand their actions.
• Where mental health conditions impair the ability to participate effectively in proceedings.
• Where psychiatric reports support mitigation of sentence.

How can Nguyen Do Lawyers assist you?

• Evaluating whether a mental health defence is legally and medically viable.
• Working with psychiatrists and psychologists to obtain expert reports.
• Presenting medical and legal arguments persuasively in Court.
• Seeking treatment-based alternatives, such as supervision or rehabilitation, instead of imprisonment.

Contact Nguyen Do Lawyers today for advice and representation in matters involving a mental health defence.