With an Intent to Harm Did an Act Causing Life, Health, or Safety to Be Endangered charge downgraded; acquittal on account of mental impairment and released unconditionally
Our client was charged with With an Intent to Harm Did an Act Causing Life, Health, or Safety to Be Endangered; an offence that carries a maximum penalty of 20 years' imprisonment. They were in a car and attempted to strike the driver in the throat with a large knife. The driver jumped out of the moving car and was chased into oncoming traffic by our client with the knife. The driver tripped and fell, and a scuffle ensued where our client attempted to stab the driver several times, resulting in the driver sustaining injuries including cuts and bruising. Our client was refused bail and was facing several years in prison while waiting for a District Court trial.
​
We proactively sought out from WA Police disclosure of all relevant material in advance of entering a plea, which the WA Police provided. We identified the insanity defence was open upon review of the material. We instructed a leading forensic psychiatrist who provided us a report which we used to make a bail application which was successful. Our client was released pending the outcome of the charge.
​
At the same time, we submitted a detailed public interest submission to the WA Police to request it to downgrade the charge, agree to run the matter in the Magistrate’s Court rather than the District Court, and to amend the Statement of Material Facts to reduce the severity of the facts alleged.
WA Police accepted all of our submissions. The downgraded charge and agreement to run the matter in the Magistrate’s Court meant our client faced a significantly reduced maximum penalty of 3 years imprisonment and/or a $36,000 fine.
Our client entered a not guilty plea on account of mental impairment to the downgraded charge. Our client was then faced with a Magistrate’s Court trial which would be some 6-12 months away, to determine whether the defence applied. If a Magistrate found it did our client would be dealt with under the Criminal Law (Mental Impairment) Act 2023 (WA) (CLMI Act). ​To avoid waiting 6-12 months for trial, and our client suffering the ongoing stress and anxiety of the charge hanging over their head, we prepared detailed and lengthy written submissions to the WA Police and to the Court, requesting the Court make a finding without a trial that our client was not guilty on account of mental impairment.
The WA Police and the Court accepted our submissions which meant our client avoided the stress and significant costs associated with a trial. The Court entered an acquittal on account of mental impairment resulting in our client avoiding a criminal record. However, given the finding was made based on mental impairment, the Court needed to determine the way it would proceed under the CLMI Act, i.e., it could impose a custody order (imprisonment), a community supervision order (released into the community but with conditions) or take no further action.
​
We collated supporting material from the driver of the vehicle and our client’s medical practitioners, psychologist, and psychiatrist, and filed written submissions in advance of the hearing outlining why the Court should take no further action. We appeared at Court and supplemented our written submissions with further oral submissions. The Court ultimately agreed with our submissions, made no further order, and released our client unconditionally.
​
Our client was understandably thrilled with the outcome as they had gone from facing a District Court trial with a charge carrying a maximum penalty of 20 years' imprisonment and a process that would have extended for several years, to having the matter resolved within just 8 months in the Magistrate’s Court, avoiding a trial and the associated costs, and having no further action taken against them.