Criminal Law Solicitor, Ms Kayla Nielsen, has successfully persuaded Toronto Local Court to discharge a client from criminal charges on mental health grounds.
Our client was charged with Dangerous Driving and reported that, at the time of driving, he had an episode of extreme anxiety and panic.
It is important to remember that the Courts treat Dangerous Driving matters seriously and recognise the risk posed to the safety of the community. The Courts often emphasise the need for general deterrence – that is, punishing an offender in a way that would deter other people from committing a similar offence.
By obtaining a psychological report and presenting how our client’s mental health contributed to the commission of the offence in a material way, Ms Nielsen was able to effectively argue that our client’s moral culpability was reduced and that it was not appropriate for our client to be an example for general deterrence.
This means that our client walked away without a criminal conviction or disqualification of his licence. Instead, he was diverted into a treatment plan to assist in managing his anxiety.
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