ARTICLE · 10 OCTOBER 2022

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Can the assault charges against Nick Kyrgios be dismissed? Mental health application explained

O'Brien Criminal & Civil Solicitors

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A 'Section 334 application' would divert him out of the criminal justice system into a mental health treatment program.

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Nick Kyrgios: A young man needing mental health care and assistance

In this blog we examine Section 334 Applications under the Crimes Act 1900 (ACT) and Section 14 Applications under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

We all know Nick Kyrgios as a 27-year-old Australian professional tennis player. He burst onto the scene as a 19-year-old wildcard entrant at Wimbledon beating the then number one ranked Rafael Nadal. Kyrgios has stated previously that he suffers from mental illnesses such as depression, self-harm, and suicidal ideation

While playing at Wimbledon in July this year, there came that news that ACT prosecutors charged him with common assault in relation to an incident with his ex-girlfriend in December 2021. Common assault carries a maximum penalty of two years imprisonment.

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