Teen Accused of Breach of ADVO, Intimidation and Harassment Cleared of All Charges
A young woman, recently turned 18, has had all charges dismissed in Wyong Local Court after a successful section 14 application for mental health diversion. She had been facing multiple allegations, including breach of ADVO, stalking and intimidation, and use of a carriage service to harass.
The matter involved both state and Commonwealth offences. We successfully made simultaneous applications under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and section 20BQ of the Crimes Act 1914 (Cth), resulting in a full discharge without conviction or penalty.
The Charges
Our client was charged with the following:
Stalk/intimidate intend fear physical etc harm – Section 13(1), Crimes (Domestic and Personal Violence) Act 2007 (NSW) (x2)
Use carriage service to menace/harass/offend – Section 474.17(1), Criminal Code Act 1995 (Cth)
Contravene prohibition/restriction in ADVO – Section 14(1), Crimes (Domestic and Personal Violence) Act 2007 (NSW) (x3)
All charges arose from incidents involving the client’s ex-partner’s sister and his new girlfriend, who were listed as complainants under an Apprehended Domestic Violence Order.
Facing Multiple Charges Across Jurisdictions
The allegations spanned both the Children’s Court and the Local Court. At the time of the alleged conduct, our client was under 18 and therefore initially appeared before the Children’s Court. However, after turning 18, she was charged again with a further ADVO breach, which proceeded in the Wyong Local Court.
This posed a unique challenge — the charges were split across jurisdictions and involved both NSW domestic violence legislation and Commonwealth telecommunication laws.
Legal Strategy: Section 14 and Section 20BQ Applications
From the outset, we knew the key to resolving this matter lay in addressing our client’s deteriorating mental health.
Section 14 Application – Mental Health Diversion
We prepared a comprehensive section 14 application for mental health under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). This provision allows for charges to be dismissed where the court is satisfied that the accused is suffering from a mental health condition, and that treatment in the community is more appropriate than criminal penalties.
Our evidence included:
Past discharge summaries
Documentation of long-term mental health treatment
A formal report from the Children’s Court nurse, outlining the client’s condition and treatment recommendations
Learn more about how we use section 14 strategically in another recent case where our client had domestic violence charges dismissed.
Section 20BQ Application – Commonwealth Charges
Because one of the charges was federal, we also made an application under section 20BQ of the Crimes Act 1914 (Cth). This provision mirrors section 14 in many respects, allowing for Commonwealth offences to be dismissed on mental health grounds.
This dual-application approach was essential, and the court agreed that both frameworks could be applied together.
ADVO Breach Defence and Ongoing Targeting
In the weeks leading up to court, our client was charged again with breach of ADVO after being targeted online by the complainants. The breach occurred when she reacted to online content posted by them.
We successfully argued that this context further supported her vulnerability and need for support — not punishment. The new charge was joined with the others, and we sought for all matters to be heard together before the Children’s Court magistrate, despite her now being 18.
To understand your options in these matters, see:
👉 ADVO Breaches NSW – What You Need to Know
Outcome: Charges Dismissed, No Conviction
The magistrate accepted both applications and ordered:
All charges dismissed under section 14 and section 20BQ
Client discharged into the care of her GP to follow a 12-month mental health treatment plan
No criminal convictions or findings of guilt recorded
Our client was able to maintain her innocence while receiving the therapeutic support she needed — a resolution that protects her future and acknowledges the root cause of the conduct.
Why Section 14 Applications Matter
In matters involving ADVO breaches in NSW or related offences such as intimidation and telecommunication harassment, mental health can play a crucial role. When prepared correctly, a section 14 application for mental health can avoid a criminal record altogether.
This is particularly important for:
Young offenders
First-time accused persons
Individuals experiencing psychological distress or trauma
Situations where breach of ADVO arises from mutual hostility or targeting
Facing a Breach of ADVO in Sydney or Regional NSW?
If you or someone you know is facing charges for breach ADVO, use carriage service to harass, or intimidation, the outcome doesn’t have to be a conviction.
📍 We work with clients across NSW and regularly appear in Wyong Local Court, the Children’s Court, and other courts across the state.
Book a free consult
to discuss your options confidentially.
