NSW Charged with Larceny - Will Magistrate Consider My Medical Record?

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Ronny

Member
3 January 2019
2
0
1
I have been suffering from depression and anxiety and I am charged with 5 counts of Larceny. Would the Magistrate consider my medical report and discharge me with section 32?

Any information would be highly appreciated, thank you.
 

Ronny

Member
3 January 2019
2
0
1
There was heavy abuse on me, my mother and my younger brother by my father. it had been going well over 15 years even before we came to Australia. We put an AVO on him finally in 2015, and he got charged with another domestic violence incident recently. It was a everyday thing that we went through which changed the way we think and survive.

My mother, 50 years old now, is never going to be the same again because of what she’s been through. I cannot sleep properly, nor eat, I am not social, my memory and concentration have been degrading with time, and I am just 24. I felt huge responsibility of taking care of my mum and brother and I’ve been trying really hard.

It’s hard to keep up with my own expenses and theirs, I had to stop my flight training (I wanted to be a pilot) so that I could help my brother with his school fees.

I took things people left behind from where I worked, thinking I would make my family happy with them, I didn’t harm anyone nor I ever will, I didn’t know I would be in such a situation like I am now. I have a career in front of me and I know that I can do so well, but I see it all fading with these charges on me.

Can you please suggest steps to avoid a criminal record?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
While I sympathise with your domestic situation, I don't see anything in what you have explained as showing any medical condition as being even close to being responsible for your actions. It will not be a valid defence, although your domestic situation may contain some valid "mitigating factors".

You are struggling financially and you stole other peoples property. Remorse and the value of the property are going to be the biggest factors in regard to what penalty to impose and whether or not a conviction should be recorded.

What you need to do here is show remorse. If you try to claim that a medical condition is in any way responsible, then it will look to the court like you are not willing to take responsibility for your own actions.

1. Get a lawyer and explain everything including the domestic situation you spoke of above - don't leave anything out. If you are struggling financially, then you might be eligible for Legal Aid.
2. Concentrate on "mitigation" rather than trying to come up with an "excuse". There is a big difference.
3. Your lawyer will most likely advise you to plead guilty (I would be surprised if they didn't). Show remorse and a willingness to take responsibility for what you have done. That is the best way to convince a court to be lenient and your best chance of avoiding a conviction being recorded.

Claiming a medical condition in these circumstances will do more harm than good, especially if you don't have extensive medical records to back your claim - and I note that you have not said anything about seeing a doctor or actually being "diagnosed". Additionally, your actions are clearly related to your financial situation and the court will see this. It is therefore unlikely that a medical condition such as depression would be given much consideration at all. The court will likely respond in the usual way: "Well plenty of other people are in far worse situations than you and they don't resort to crime" - which is a valid statement.

Remember also that a "conviction not recorded" does not mean that you won't have a criminal record. It only means that the conviction won't show up in a "public access" check, such as a National Police Check conducted by a prospective employer. The Police and certain other agencies will always have access to your full criminal history.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
There was heavy abuse on me, my mother and my younger brother by my father, it had been going well over 15 years even before we came to Australia, we put an AVO on him finally in 2015, and he got charged with another domestic violence incident recently . It was a everyday thing that we went through which changed the way we think and survive . My mother, 50 years old now, is never going to be the same again because of what she’s been through. I cannot sleep properly, nor eat,I am not social , my memory and concentration has been degrading with time, and I am just 24 . I felt huge responsibility of taking care of my mum and brother and I’ve been trying really hard . It’s hard to keep up with my own expenses and theirs, I had to stop my flight training (I wanted to be a pilot) so that I could help my brother with his school fees.
I took things people left behind from where I worked , thinking I would make my family happy with them, I didn’t harm anyone nor I ever will, I didn’t know I would be in such a situation like I am now . I have a career infront of me and I know that I can do so well, but I see it all fading with these charges on me.
Can you please suggest steps to avoid a criminal record?

Thank you for clarifying. Please note I reside and work in Western Australia, thus my knowledge of NSW legislation is limited, thus I may be mistaken. However, upon reading the provision, I would be surprised if the Magistrate would grant a s 32 in your situation. It appears to me a s 32 relates to a person who's offending was directly related to their condition. In my view your offending is indirectly related to your condition (this is simply an opinion).

The Magistrate may consider your condition in regards to sentencing and may not record a conviction. I suggest you seek legal advice if you are in a financial position to do so, you are much more likely to have no conviction recorded if you are represented.
 

kevin586

Well-Known Member
14 January 2019
37
3
121
I think the medical condition is contributing factor because anxiety makes people react in a way that it different to the way we react when we don't have the condition. Its a mitigating factor.