Kyrgios' assault case adjourned until February on mental health grounds

Nick Kyrgios' lawyers will apply for the tennis star's assault charge to be dismissed on mental health grounds, an Australian court was told on Tuesday.

Kyrgios was charged in July of this year in relation to the alleged assault of a former partner in January 2021.

The 27-year-old, who has enjoyed a fine season in 2022, reaching the final of Wimbledon and the last eight at the US Open, was not present for a hearing in Canberra on Tuesday, as he features in the Japan Open.

Michael Kukulies-Smith, who is representing Kyrgios, asked for the case to be adjourned so forensic mental health reports could be prepared.

The case was duly adjourned to February 3, 2023 by magistrate Glenn Theakston. It is then expected Kyrgios' legal representatives will apply to have the case dismissed, with Kukulies-Smith stating he was making the application having reviewed Kyrgios' "medical history since 2015, including public disclosures of his mental health struggles".

Australian law dictates that magistrates have the power to dismiss a charge if they believe an accused person is mentally impaired, and that dealing with a charge in such a manner would be of benefit to both the defendant and the community.

Kyrgios could face two years in prison should he be handed a maximum sentence.