Nick Kyrgios seeks assault case dismissal on mental health grounds
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ByEurosport
Published 04/10/2022 at 07:06 GMT
Nick Kyrgios is seeking to have his assault case dismissed on mental health grounds, his lawyers have said. The 27-year-old faces a charge of common assault after an alleged incident in January 2021 involving a former partner. However, his lawyers have moved to have the case dismissed under section 334 of the Australian Capital Territory's Crimes Act.
Nick Kyrgios of Australia speaks at a post-match press conference
Image credit: Getty Images
Lawyers representing Nick Kyrgios have said that they are seeking to get an assault charge dismissed on mental health grounds.
Kyrgios faces a charge of common assault after an alleged incident in January 2021 involving his former partner. The incident was reported to police in December.
Lawyers for the tennis player asked the Australian Capital Territory magistrates court for an adjournment on Tuesday to allow for mental health reports to be prepared.
Kyrgios's lawyer, Michael Kukulies-Smith, will then apply to have the charges dismissed under section 334 of the Australian Capital Territory's Crimes Act.
Magistrates can dismiss the charge under the act if they are satisfied that the accused is mentally impaired.
The application was made after his lawyer reviewed Kyrgios’ "medical history since 2015, including public disclosures of his mental health struggles", the BBC reported.
The player was not in court on Tuesday as he prepares to play at the Japan Open, but the court was told that Kyrgios intended to attend the next hearing in person.
"My client's preference is to attend in person," Kukulies-Smith added.
A hearing for the application will take place on February 3.
Kyrgios faces a maximum sentence of two years in prison if found guilty.
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