Sentencing Act 2017

A court that finds a defendant guilty of a summary or minor indictable offence may release the defendant without conviction or penalty if satisfied—

that the defendant—

suffers from a mental impairment that explains and extenuates, at least to some extent, the conduct that forms the subject matter of the offence;

and

has completed, or is participating to a satisfactory extent in, a suitable intervention program; and

recognises that the defendant suffers from the mental impairment and is making a conscientious attempt to overcome behavioural problems associated with it; and

that the release of the defendant under this subsection would not involve an unacceptable risk to the safety of a particular person or the community.

A court may, at any time before a charge of a summary or minor indictable offence has been finally determined, dismiss the charge if satisfied—

that the defendant—

suffers from a mental impairment that explains and extenuates, at least to some extent, the conduct that forms the subject matter of the offence;

and

has completed, or participated to a satisfactory extent in, a suitable intervention program; and

recognises that the defendant suffers from the mental impairment and is making a conscientious attempt to overcome behavioural problems associated with it; and

that dismissal of the charge under this subsection would not involve an unacceptable risk to the safety of a particular person or the community; and

that the court would not, if a finding of guilt were made, make an order requiring the defendant to pay compensation for injury, loss or damage resulting from the offence.

If the defendant is participating in, but has not completed, an intervention program, the court may, instead of dismissing the charge under subsection (2), release the defendant on an undertaking—

to complete the intervention program; and

to appear before the court for determination of the charge—

after the defendant has completed the intervention program;

or

if the defendant fails to complete the intervention program.

In deciding whether to exercise its powers under this section, the court—

may act on the basis of information that it considers reliable without regard to the rules of evidence; and

should, if proposing to dismiss a charge under subsection (2) or release a defendant on an undertaking under subsection (3), consider any information about the interests of possible victims that is before it (but is not obliged to inform itself on the matter).

In this section—

court means—

the Magistrates Court; or

the Youth Court; or

any other court authorised by regulation to exercise the powers conferred by this section;

mental impairment means an impaired intellectual or mental function resulting from a mental illness, an intellectual disability, a personality disorder, or a brain injury or neurological disorder (including dementia);

suitable intervention program, in respect of a defendant, means an intervention program that, in the opinion of the court, provides—

supervised treatment; or

supervised rehabilitation; or

supervised behaviour management; or

supervised access to support services; or

a combination of any 1 or more of the above, that is suited to address the particular behavioural problems of the defendant relating to the defendant's mental impairment.