An ex-private school student who confessed to making threats against his girlfriend’s life and threatening to mutilate her if she was unfaithful has seen his case dismissed, due to his diagnoses of ADHD, depression, and a behavioral disorder.

Twenty-year-old Ethan Ungerboeck appeared in a Sydney courtroom using crutches after injuring his toe just before he was to be sentenced for domestic violence charges involving his former girlfriend.

Ungerboeck, a former student of Scots College, admitted to sending menacing messages, including threats to ‘crush her spine,’ hang her from hooks, and dissect her feet.

Magistrate Michael Barko cited Ungerboeck’s mental health conditions along with his age and absence of a criminal record as reasons for the dismissal of the charges on Monday.

Despite this decision, the magistrate noted that there are two additional cases against Ungerboeck pending in court, for which he has yet to enter a plea.

Currently out on bail and residing at his parents’ $6 million Sydney home, Ungerboeck is facing charges from October, which include one count of common assault and three counts of assault causing bodily harm, related to another woman.

In December, he was also charged with 17 separate offences relating to the alleged production, distribution and possession of child abuse material.

Outside court on Monday, his lawyer Michael Bowe told the Daily Mail his client was ‘very happy’ and added: ‘It’s a great result.’

Ethan Ungerboeck, 20, appeared at court on crutches on Monday after breaking his toe (pictured)

Ethan Ungerboeck had his domestic violence charge dismissed

A mock-up of a text conversation between Ethan Ungerboeck and his ex-girlfriend

Mr Bowe previously argued that his client should be sentenced under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Section 14 allows anyone charged with a criminal offence to avoid conviction if they have a mental health impairment or cognitive issue.

According to police facts seen by the Daily Mail, Ungerboeck controlled the music she listened to and dictated who she could see or speak to.

He then sent her a message in March, which read: ‘I’ll crush your spine, if you cheat then dissect your feet, attach hooks and hang you upside-down from the feet’.

The woman replied: ‘Wtf, Ethan that’s a bit far’.

Ungerboeck wrote: ‘I think it’s fair’.

She responded: ‘Wtf, Umm bye’.

When she asked whether his threat was serious, he replied: ‘I’m joking but I’m not’.

Ethan Ungerboeck (left, with his lawyer) was hit with 17 additional charges largely relating to the production and possession of child abuse material in December

Ethan Ungerboeck is pictured, right, at a previous hearing at Newtown Local Court with his lawyer, Michael Bowe, left

She then started checking the locks on her windows and doors, and police took out an apprehended violence order on her behalf. 

During sentencing on Monday, magistrate Barko said Ungerboeck was not receiving treatment for his attention deficit hyperactivity disorder (ADHD), oppositional defiance disorder (ODD) or depression when he threatened his girlfriend.

He was also not receiving treatment when he started calling her from a series of payphones and ignoring her requests to be left alone.

ADHD is characterised by inattention, hyperactivity, impulsivity, and emotional dysregulation, while ODD is a childhood behavioural problem characterised by constant disobedience and hostility towards authority.

Mr Barko also said there was a potential future diagnosis of bipolar disorder, as well as the recurring depression that impacted his wellbeing. 

He described Ungerboeck’s behavior as ‘extraordinary’ and ‘way out there’, and said it was understandable that the victim feared for her life. 

He also referred to hospital and psychiatric reports, along with a chronology prepared by his mother of all hospitalisations and mental health issues, dating back to when he was six.

The magistrate said the chronology was clearly prepared by ‘someone who deeply loves and cares for her son, who was very careful to make sure things were detailed’. 

Ethan Ungerboeck was bailed to his parents’ $6million Maroubra mansion (pictured)

Ethan Ungerboeck is not allowed to leave his parents’ mansion (pictured) without one of them as an escort

‘The long and the short of it is, the defendant has suffered attention deficit hyperactivity disorder and oppositional defiance disorder,’ he said.

‘His mother’s summary clearly shows this is not some forensic manoeuvre [to avoid conviction], it’s just a culmination of long-term mental health impairment.’ 

Mr Barko said the domestic violence charge was serious and one of the most prevalent offences to appear in court, and required a sentence to serve as a general deterrence.

However, he was also satisfied that Ungerboeck was not medicated or being treated for a period of time leading up to his offending.

‘Is he likely to endanger the safety of himself, the victim or another member of the public?’ the magistrate asked.

‘It’s always there if he doesn’t comply with his treatment plan and continuing insight into these issues and it’s a sad case always when one has to consider that the potential for him to endanger his own well-being, let alone others.’

He said he was ‘reluctant’ to grant Section 14 applications to those who have squandered opportunities to rectify their behaviour, but he granted Ungerboeck’s application due to his age, and that he was not medicated at the time.

The charge was dismissed and Ungerboeck was released into the care of a psychiatrist on the condition he complies with his treatment plan.

Ethan Ungerboeck went to Scots College (pictured), a wealthy private boys’ school in Sydney’s eastern suburbs

Ungerboeck remains on bail under strict conditions for his other two matters, preventing him from leaving his parents’ mansion without one of them as an escort.

He is required to present at the front door when police arrive for a curfew check, or a drug and alcohol swab, up to once a day, seven days a week.

He is also not allowed to drink alcohol, take drugs, or use gaming platforms. Police can enter his family home and check his devices to ensure he complies with this condition.

He is also banned from being in the company of anyone under 18 without adult supervision.

Ungerboeck’s second DV matter will return to Waverley Local Court – temporarily held in Sydney’s CBD while the Bondi Junction courthouse is renovated – on February 20.

His child exploitation material charges will return to Downing Centre Local Court on February 24.