Criminal Law Specialists
Our team is highly skilled in representing individuals with mental health conditions who face criminal charges, ensuring a sensitive and informed approach in these complex cases.
24/7 Criminal Law Advice
We’re available across Sydney and the Illawarra region 24 hours a day, 7 days a week to advise you on your case — and your first consultation is free.
Top-Tier Team
Our criminal law team includes a former police officer and senior police prosecutor, bringing a wealth of procedural knowledge and experience to each case.
Extensive Experience
With many years of courtroom experience, we handle most summary matters directly, providing cost-effective solutions without the need for barristers.
Here to Help
If you have a mental health condition and have been charged with a criminal offence, the mental health lawyers at Kells Sydney can review your case to determine if the circumstances surrounding your mental health can be considered in your defence.
How Can Our Criminal Lawyers Help?
In the criminal justice system, mental illness is often taken into account during both the trial and sentencing stages. For defendants with a mental illness, courts may consider these circumstances when making sentencing decisions.
If your mental health condition significantly contributed to the offence, the experienced mental health lawyers at Kells can help you present a compelling case to the court, advocating for a fair and compassionate outcome that considers your unique circumstances.
We will work to avoid a criminal conviction by presenting your mental health as part of your defence while seeking a more lenient sentence or alternative outcomes that focus on treatment rather than punishment
Get Expert Criminal Law Advice
If you would like to discuss your case with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.
Frequently Asked Questions
Mental health is a significant factor affecting criminal law and the way a person is dealt with by the courts.
In some instances, temporary mental illness can impact criminal liability, allowing an individual to avoid conviction in favour of a mental health plan. Rather than facing standard penalties, the person may be placed on a plan under section 3A of the Crimes (Sentencing Procedure) Act 1999, guided by a trained mental health professional.
For a Magistrate to consider this option, they must be fully informed about the individual’s mental health condition and its connection to the offence. A detailed treatment plan must also be provided, along with an explanation of why the court should exercise discretion not to enter a conviction and address the matter under the Mental Health Act 2007.
This is where a mental health lawyer can make a substantial difference. A skilled lawyer can guide you through the legal process and help make sure that the Magistrate has all the necessary information to make an informed decision regarding your case. This experience is extremely specialised and comes through knowledge of the underlying issues and how they can be best managed to ensure the court’s concerns are satisfied.
While mental health-based diversion is sometimes misunderstood as a way to evade criminal consequences, mental health’s role in contributing to certain behaviours is now broadly recognised. Maintaining the integrity of this approach is essential to its continued success, underscoring the importance of skilled representation.
Area of Expertise
Affray
Assault
Bail
Criminal Penalties
Coronial Inquests
Driving Suspensions
Drink Driving
Drugs
Firearms
Mental Health
Domestic Violence
Traffic Offences
Drink & Drug Driving
Legal Aid
Speak to a Criminal Lawyer
We’ll stand by you and protect your rights every step of the way—no matter the charge.