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

The 27-year-old was charged in July of this year concerning the alleged assault of a former partner in January 2021.

Kyrgios, who has enjoyed a fine season in 2022, reaching the final of Wimbledon and the last eight at the U.S. Open, was not present for a hearing in Canberra on Tuesday.

He presently features in the Japan Open.

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

The magistrate Glenn Theakston adjourned the case until February 3, 2023.

It is then expected that Kyrgios’ legal representatives will apply to dismiss the case.

Kukulies-Smith had stated 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.

This is if they believe an accused person is mentally impaired and that dealing with a charge in such a manner would benefit both the defendant and the community.

 (dpa/NAN)