Court Dismisses Domestic Violence Case Citing Mental Health Impairments
In a controversial ruling, a Sydney magistrate has dismissed domestic violence charges against a 20-year-old former private school student, citing his diagnosed mental health conditions as the primary reason. Ethan Ungerboeck, who attended the prestigious Scots College, admitted to threatening his ex-girlfriend with extreme violence but will face no conviction for these offenses.
Violent Threats and Controlling Behavior
The court heard disturbing details of Ungerboeck's conduct toward his former partner. According to police evidence, he exercised controlling behavior over her daily life, dictating her music choices and social interactions. The situation escalated in March when he sent a series of threatening text messages that read: "I'll crush your spine, if you cheat then dissect your feet, attach hooks and hang you upside-down from the feet."
When the victim questioned whether he was serious, Ungerboeck responded ambiguously: "I'm joking but I'm not." This exchange prompted her to begin checking her home security and eventually seek police protection through an apprehended violence order.
Mental Health Factors in Legal Decision
Magistrate Michael Barko presided over the case at Newtown Local Court, where Ungerboeck appeared on crutches after breaking his toe prior to sentencing. The magistrate determined that the defendant's mental health impairments—specifically attention deficit hyperactivity disorder (ADHD), oppositional defiance disorder (ODD), and depression—warranted dismissal under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
"The long and the short of it is, the defendant has suffered attention deficit hyperactivity disorder and oppositional defiance disorder," Magistrate Barko stated during proceedings. He emphasized that Ungerboeck was not receiving treatment for these conditions at the time of the offenses, describing the behavior as "extraordinary" and "way out there."
Comprehensive Medical History Presented
The court reviewed extensive medical documentation, including psychiatric reports and a detailed chronology prepared by Ungerboeck's mother tracing his mental health struggles back to age six. Magistrate Barko noted this timeline demonstrated "a culmination of long-term mental health impairment" rather than "some forensic manoeuvre" to avoid conviction.
Additional factors influencing the decision included Ungerboeck's youth and lack of prior criminal history. However, the magistrate acknowledged the seriousness of domestic violence offenses and their prevalence in courts, normally requiring sentences that serve as general deterrents.
Ongoing Legal Matters and Strict Bail Conditions
Despite this dismissal, Ungerboeck faces two separate sets of charges that remain before the courts. In October, he was charged with one count of common assault and three counts of assault occasioning bodily harm against another woman. More seriously, December brought 17 charges related to the alleged production, distribution, and possession of child abuse material.
Ungerboeck has been bailed to his parents' $6 million Maroubra mansion under exceptionally strict conditions. He cannot leave the property without parental escort, must submit to daily police checks including drug and alcohol testing, and is prohibited from consuming substances or using gaming platforms. Police maintain authority to enter the home and inspect his devices to ensure compliance.
Legal Arguments and Future Proceedings
Defense lawyer Michael Bowe successfully argued for application of Section 14 provisions, telling reporters outside court that his client was "very happy" with the "great result." The dismissal came with the condition that Ungerboeck comply with a psychiatric treatment plan under professional supervision.
Magistrate Barko expressed reluctance in granting such applications generally but found justification due to Ungerboeck's untreated conditions at the time of offending. "Is he likely to endanger the safety of himself, the victim or another member of the public?" the magistrate questioned, noting this risk remains present if treatment compliance falters.
The domestic violence matter involving the second woman returns to Waverley Local Court on February 20, while child exploitation material charges will be heard at Downing Centre Local Court on February 24. Ungerboeck remains subject to bail conditions that include no contact with anyone under 18 without adult supervision.
