NSW Premier Chris Minns throws support behind review into charges dismissed in court under mental health

The NSW Premier has thrown his support behind Attorney-General Michael Daley’s call for an ‘urgent review’ into a surge of cases being dismissed in court on mental health grounds.

NSW Premier Chris Minns has thrown his support behind a review into high volumes of people having their offences dismissed on mental health grounds in court, saying they should have a “genuine impairment” to qualify.

It comes off the back of The Daily Telegraph revealing Attorney-General Michael Daley calling for a meeting with the Department of Communities and Justice, seeking “an urgent briefing … about this issue”.

The NSW Local Court has seen charges dismissed on mental health grounds soar, with data indicating cases had increased by 50 per cent in the past four years.

The figures prompted former magistrate David Heilpern, a 22-year veteran of the bench, to call for a review into the requirements for a mental health application.

“You have to ask yourself, with that sort of explosion, is it a situation where people are thinking: ‘How can I get out of liability of this? I’ll go mental health,” Professor Heilpern said.

Premier Chris Minns at a press conference at NSW Parliament on Tuesday morning. Picture: NewsWire / Max Mason-Hubers

It saw Mr Minns back the attorney-general, saying it was “right to ask for this review” before declaring he took “seriously” Prof Heilpern’s concerns.

“There’s a lot of wisdom in magistrates, particularly those on the local court, who’ve been retired (and) have got decades of experience,” he said.

Leading law academic David Heilpern, who used to be a magistrate, says mental health applications ought to be reviewed in court.

“Often they move into traditional positions and while they have a lot of empathy, they’ve got a lot of insight into the criminal justice system.”

Mr Minns added that he often speaks to retired judges to get their insight into how the “law actually rolls out in practice”.

“The attorney’s right to have a look at it, it needs to be a genuine impairment,” he said.

“It can’t just be a standard application someone makes in order to skirt their responsibilities before the court.”

NSW Attorney-General Michael Daley will meet with justice department bosses to discuss a sharp rise in the number of people having charges dismissed on mental health grounds. Picture: NewsWire / Max Mason-Hubers

The Telegraph earlier this week revealed that mental health defences were especially common in affluent areas of Sydney, including in Waverley and Manly, with senior legal sources saying it can cost anywhere from $3500 to $6000 to hire a lawyer to secure it – an amount unaffordable to many.

It was also revealed that 3521 cases ended with charges dismissed under the Mental Health Act last year, a number that has been rising year on year, with only 2350 in 2020, Bureau of Crime Statistics and Research numbers state.

Prof Heilpern said the benchmarks to have charges dismissed under the act, which is known as a section 14 application, needed to be looked at and while there were “genuine cases”, some people have seen it as a “loophole”.

To secure a section 14, someone must prove they had a mental health or cognitive impairment at the time of the offence and offer the court a suitable treatment plan that is backed by a health professional.

Paris Ow-Yang. Picture: Instagram

According to the bureau’s data, Waverley Local Court had 98 cases of mental health dismissals in 2024, Manly court had 97 and Newtown court had 48.

Singer Kamahl had an intimidation charge dismissed at Sutherland Local Court after a magistrate decided the offence should be dealt with on mental health grounds with the court hearing the 89-year-old had gone off anxiety and depression medication when he allegedly made threats to a woman over a loan.

It is not suggested his section 14 application was not justified.

However, high-profile model Paris Ow-Yang unsuccessfully applied to have a common assault charge dismissed on mental health grounds at Waverley Local Court after it heard she had consumed cocktails and four glasses of champagne at an event before punching a victim at a Double Bay unit.

She later pleaded guilty and was sentenced without a conviction. It is not suggested Ow-Yang’s mental health application was not arguable.

Originally published as NSW Premier Chris Minns throws support behind review into charges dismissed in court under mental health