Charges against Edward Saffin of failing to comply with reporting conditions while on bail have been dismissed in court due to his ‘complex’ mental health issues.
Mr Saffin, the son of former Labor Page MP Janelle, appeared at Ballina Local Court on Thursday via video-link from the Metropolitan Remand and Reception Centre at Silverwater, Sydney.
He was represented by his solicitor Tracey Randall to be sentenced on two counts of failing to comply with reporting obligations.
The court heard when Mr Saffin was free on conditional bail in 2015, he failed to report to police twice, in January and April, as required, and failed to inform police he got a tattoo of his son’s name.
Ms Randall tendered a report on Mr Saffin prepared by psychologists Dr Sally Clifford and Dr Steve Den-Kaat while he was in custody earlier this year.
As a result of the assessment, Ms Randall said the report diagnosed Mr Saffin with attention deficit hyperactivity disorder ADHD with a propensity to impulsivity, social anxiety disorder, avoidance personality disorder, substance abuse disorder, Autism Spectrum Disorder ASD and an anxiety disorder.
She then made an application under section 32 of the Mental Health (Forensic Provisions) Act of 1990 for the charges to be dismissed against Mr Saffin due to mental illness.
The court heard Mr Saffin had previously entered a guilty plea to failing to report in January 2015 due to the birth of his son.
Ms Randall said Mr Saffin and his mother were out at a Chinese restaurant following his son’s birth, when Richmond Local Area Commander Superintendent Greg Martin approached the table, and Mr Saffin introduced his newborn son.
‘In his mind everyone knew about the birth of his son,’ Ms Randall said of Mr Saffin’s condition.
The 32 year-old ‘has complex psychiatric issues’, Ms Randall told the court.
Magistrate R Denes asked why Mr Saffin was only recently diagnosed with ASD.
‘The information about ASD has really only come to public knowledge in the past two years,’ Ms Randall said.
‘You will see from the report that Mr Saffin’s mother held concerns from a young age about her son’s condition.’
Ms Denes described Mr Saffin’s circumstances as unique and said the psychologist’s report explained his conditions and how they influenced his mindset, which resulted in his actions.
‘There is something special about the circumstances,’ Ms Denes said.
‘Each of them is very unique.’
‘In my view it is not appropriate to dismiss these matters under section 32.’
Ms Denes dismissed both charges under section 10a of the Crimes (Sentencing Procedure) Act of 1999, resulting in a conviction being recorded against Mr Saffin without any further penalty being imposed.
Mr Saffin remains in custody awaiting sentencing over matters before the District Court.
Wit this is he a danger to the public or himself if either of these are yes he needs to be in a care facility