Significant Sentence Reduction Achieved for Vulnerable Defendant in Mental Health Crisis Case

Sonn Macmillan Walker represented this vulnerable client charged with burglary and two counts of false imprisonment.

Incident overview and Crown’s case:

The case involved two complainants who encountered a male, said to be the defendant outside their building. The defendant gained access to their flat by force. Once inside the defendant exhibited strange behaviour: demanding to see their identification, and implying he had a gun, demanding their phones, using
their bathroom and asking them all manner of strange personal questions. He is also said by one of the complainants to have waved a knife from their kitchen drawer around, but returned it to the drawer, without threatening with it. The complainants say they were held in the flat for nearly two hours until the male fell asleep, allowing them to escape and call the police.

Mitigation and sentence:

It was apparent very early on that our client was extremely vulnerable and suffered from a plethora of mental health issues. Reports confirmed to us that our client presented with ADHD and autism. It was very much agreed he was ‘gravely unwell’, likely suffering from a psychotic episode at the time of the offences.

Ultimately, guilty pleas were entered on the charges of false imprisonment, on the basis that the defendant was extremely unwell at the time.

The defence commissioned three psychiatric reports on the defendant to establish his mental state at the time of the offence and at sentence. We also created chronologies from his medical records showing the various traumas and physical health issues he had suffered. In addition, we created a chronology of his previous convictions and general forensic history. This showed that he had never had the benefit of a drugs or mental health disposal.

Despite possible starting points of 7 or 5 years depending on the level of psychological injury found by the Court, the defendant was sentenced to 2 years imprisonment (concurrent) for both these counts. Count 1, burglary, was left to lie on the file.

Phoebe Coleman was the solicitor of conduct of this case. She instructed Counsel Pauline Thompson of 5 King’s Bench Walk.