Tennis star Nick Kyrgios is using his mental health as a defence against an assault charge.
Lawyers for Kyrgios appeared in ACT Magistrates Court on Tuesday and asked for an adjournment so forensic mental health reports could be prepared.
They will then apply to have the matter dismissed under a section of the local crimes act.
The act gives magistrates the power to dismiss a charge if they are satisfied an accused is mentally impaired and dealing with a matter in that way would benefit the community along with the offender.
Kyrgios’s lawyer Michael Kukulies-Smith said he was making the application having reviewed his client’s “medical history since 2015, including public disclosures of his mental health struggles”.
Kyrgios, who is currently playing in the Japan Open in Tokyo, was not required to attend the hearing in Canberra.
If convicted, he faces a maximum sentence of two years in prison.
The common assault charge relates to an incident in January 2021 that was reported to ACT police in December.
A hearing on the application will take place on 3 February. Mr Kukulies-Smith told Magistrate Glenn Theakston that his client’s work meant he spent large periods of time overseas.
