Criminal Law Specialists
Experts in all criminal matters including helping and representing individuals who have a mental health condition when they were charged.
24/7 Criminal Law Advice
We are available across Wollongong and the Illawarra region 24 hours a day, 7 days a week to advise you on your case — and our first consultation is free!
Top-Tier Team
Our criminal law team is guided by a former police officer and senior police prosecutor with unrivalled knowledge of court procedures.
Extensive Experience
With many years of experience in courtrooms, we run a majority of our summary matters without the costly alternative of briefing barristers.
Here to Help
If you are suffering from a mental health condition and have been charged with a criminal offence, the criminal lawyers at Kells can get your case reviewed due to your mental impairment.
How Can Our Criminal Lawyers Help?
The criminal justice system recognises that a person’s mental illness should be considered in both their trial and sentencing for a serious crime. In the majority of criminal cases involving a defendant with a mental illness, the court takes this into consideration when deciding on a sentence.
If your mental health condition played a key role in you committing an offence, the seasoned mental health lawyers at Kells are here to assist. We can guide you through the complexities of the legal process and help you steer clear of a criminal conviction by using your mental health as a defence.
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.
Criminal liability and responsibility can be explained in certain situations by temporary mental illness. This means that an individual could avoid a criminal conviction and be subject to a mental health plan as set out by a trained professional as opposed to punishment by the courts in accordance with section 3A Crimes (Sentencing Procedure) Act 1999.
For a Magistrate to make such a decision they need to be properly informed on the individual’s mental health condition and how it relates to the offence. They need to be made fully aware of an effective treatment plan and how and why it is preferable to exercise their discretion not to enter a conviction and finalise the matter under the Mental Health Act 2007.
This is why you need an experienced solicitor to guide you through the process and who is also able to provide a magistrate with the necessary information they need to make such a ruling. 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 diversion under mental is often seen as a “weak excuse” to avoid criminal punishment and is often abused, society is now widely accepting that mental health is a significant factor contributing to otherwise lawful individuals and behaviours. It is imperative to the ongoing success of this diversionary scheme that the integrity of such a scheme is upheld to the highest of standards.
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.