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Nick Kyrgios has assault charge dismissed despite guilty plea

A charge of common assault against tennis star Nick Kyrgios has been dismissed despite his earlier plea of guilty in the ACT Magistrates Court.

Kyrgios had been charged with assaulting his former girlfriend Chiara Passari in 2021, when he pushed her out of the way of an Uber door as she was trying to prevent him from leaving an argument.

Kyrgios argued the charge should be dismissed on the grounds of his mental health, but that was withdrawn when the court found he is not currently suffering a significant depressive illness.

He then pleaded guilty to one count of common assault in relation to the incident.

But later in the court hearing, Magistrate Beth Campbell dismissed the charge, deciding no conviction should be recorded.

Altercation began with argument outside an Uber

Documents tendered to the court revealed on January, 10, 2021, Kyrgios and Ms Passari were standing outside the Canberra apartment block where Ms Passari lived.

The pair then got into a loud argument, which led Kyrgios to order an Uber.

Once the Uber arrived, Kyrgios got into the front passenger seat but Ms Passari stood between the passenger side and the door to prevent it being closed.

The documents stated the argument continued as Ms Passari asked him to get out of the car.

The court heard the Uber driver would not leave until the door was closed and Kyrgios then told Ms Passari:

"Leave me the f*** alone, I'm going home and don't want to be with you," he said.

"Just f***ing piss off."

Kyrgios became frustrated, telling the driver "dude leave".

The court heard he then pushed Ms Passari with sufficient force so she fell down, landing on her right side.

Ms Passari suffered a sore shoulder and grazed knee.

The court heard the pair met up at a Canberra cafe two days later, where Kyrgios said he was remorseful.

Ms Passari recorded that conversation without his knowledge.

The couple stayed together for some months but eventually broke up.

Ms Passari reported the incident to ACT police in December 2021, 10 months after it occurred.

'Getting help and working on myself': Kyrgios

The assault charge was dismissed and no conviction was recorded. (ABC News: Nick Haggarty)

During Friday's hearing, the court heard from Kyrgios's psychologist Sam Borenstein who said the tennis star previously had quite serious episodes of depression in which he had "relied on alcohol and drugs" and had "periods of being impulsive and reckless in his behaviours".

He described Mr Kyrgios as currently having "mild symptoms of depression" but not a "major" depressive illness.

Mr Kyrgios's lawyer, Michael Kukulies-Smith, then withdrew his bid to have the charge dismissed on mental health grounds and his client pleaded guilty.

But just minutes later, Magistrate Beth Campbell decided to not record a conviction against his name and dismissed the charge.

She said Kyrgios had "acted poorly in the heat of the moment" but his action was at the lower end of the scale of common assault.

"It's to your credit, in a way, in that you know you were being triggered in some way and you knew you needed to get out of the situation," she said.

After the hearing, Kyrgios released a statement, saying he respected the ruling and was "grateful to the court for dismissing the charges without conviction".

"I was not in a good place when this took place and I reacted to a difficult situation in a way I deeply regret. I know it wasn't OK and I'm sincerely sorry for the hurt I caused," he said.

"Mental health is tough. Life can seem overwhelming. But I've found that getting help and working on myself has helped me to feel better and to be better."

Kyrgios has been off the tennis court for almost a month, and arrived at the court assisted by a pair of crutches.

He pulled out of this year's Australian Open on January 15 due to an ongoing knee injury, for which he has since had surgery.

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