Kyrgios' defence team looking to have charge thrown out
Nick Kyrgios is currently engaged in a bid to have a former assault charge dismissed on the grounds of mental health.
The 27-year-old was charged with common assault after allegedly assaulting his former girlfriend, Chiara Passari, in Canberra on December 2021 – with the case now before the ACT Magistrates Court.
Lawyer Michael Kukulies-Smith told magistrate Glenn Theakston that Kyrgios was experiencing mental health issues which have allegedly been disclosed in his records over the past seven years.
The tennis star’s legal team applied to have the ACT Magistrates Court deal with his charge under Section 334 of the local Crimes Act and asked for an adjournment to allow time to prepare a report which will support the application.
That part of the Crimes Act gives the court power to dismiss a charge when it is satisfied that the accused is mentally impaired. The facts or other relevant evidence supports the person being dealt with under this section.
Kyrgios, who is in Tokyo playing at the Japan Open, was not required to appear in court, however his lawyer told the court that Kyrgios would prefer to appear in person at the time of the hearing – which has now been adjourned until February 3, 2023.
The offence carries a maximum jail sentence of two years if convicted.
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