Former Private School Student Avoids Conviction After Citing Mental Health Issues
Ethan Ungerboeck, a 20-year-old former student of Sydney's prestigious Scots College, has escaped criminal conviction for a series of what a magistrate described as "very, very bizarre" assaults against his girlfriend. The decision was made after his legal team successfully argued that his diagnosed mental health conditions significantly contributed to his offending behavior.
Background of the Defendant
Ungerboeck was diagnosed with attention deficit hyperactivity disorder (ADHD) at age eight and attended Scots College, where annual fees reach approximately $54,000. According to court submissions, he experienced severe bullying at the Bellevue Hill institution, which exacerbated his existing mental health challenges. His solicitor, Michael Bowe, described him as "a very confused young man" with "a very big brain and a very complex brain."
The defendant's mental health struggles intensified during the COVID-19 pandemic, culminating in a suicide attempt that required admission to St Vincent's Hospital. Until recently, Ungerboeck had not been taking his prescribed medication and was reportedly a heavy cannabis user.
The Assault Charges
Ungerboeck faced three counts of assault occasioning bodily harm and one count of common assault relating to incidents that occurred between June 1 and 30 last year. The assaults took place in Maroubra, South Coogee, and Mooney Mooney locations across Sydney and the Central Coast.
One particularly disturbing incident involved Ungerboeck biting his girlfriend on the neck, causing numbness that persisted for approximately two weeks. Other assaults left the victim feeling scared and confused, according to court proceedings.
Previous Stalking and Intimidation Case
This was not Ungerboeck's first encounter with the justice system regarding violent behavior toward partners. In a separate case earlier this year, he had pleaded guilty to stalking and intimidating another woman with graphic text messages threatening to "crush her spine," dissect her feet, and suspend her from hooks.
Those charges were dismissed on February 9 after the court considered Ungerboeck's ADHD, oppositional defiance disorder, depression, and youth. Magistrate Michael Barko described the behavior as "extraordinary" and "way out there," acknowledging that the victim reasonably feared for her life.
Court Proceedings and Outcome
At Downing Centre Local Court, Magistrate Ann Lambino accepted that Ungerboeck's various mental health diagnoses made it appropriate to deal with the assault charges under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act. She noted that the victim also appeared to have "significant mental health issues" which might have created a "mutual understanding" between the pair.
Magistrate Lambino determined that Ungerboeck's actions were not premeditated and that he did not intend to harm the woman. She dismissed all charges and ordered him to comply with a 12-month treatment plan requiring regular psychiatric appointments and medication adherence.
Current Restrictions and Pending Charges
Ungerboeck remains under strict bail conditions while living at his parents' $6 million mansion. He cannot leave the property without parental escort and must present at the front door for daily curfew checks and drug/alcohol testing. Additional restrictions prohibit alcohol consumption, drug use, gaming platform access, and unsupervised contact with anyone under 18.
Despite avoiding conviction for the assaults, Ungerboeck still faces 17 unrelated charges regarding the alleged production, distribution, and possession of child abuse material. These charges will return to Downing Centre Local Court later this month for further proceedings.
Legal Representation and Family Support
Solicitor Michael Bowe emphasized his client's youth and well-documented mental health history during court proceedings. He described Ungerboeck as having "strong family support," noting that his mother had consulted at least 30 psychiatrists in efforts to address his complex psychological needs.
"I don't think it's hard to work out that he's got two parents that care for him greatly," Bowe told the court, while acknowledging that his client's offending had been "serious" though "very strange."
