VIC Criminal Damage Due to Mental Health Issues - What to Do?

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Jess Kane

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27 January 2017
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Recently, I was out drinking with friends when an argument broke out and I was removed from the premises. I was resistant towards the security guards who removed me. I quickly became hysterical.

When I was taken outside, I ran into traffic in an attempt to take my life, only the car coming towards me stopped. In this state of hysteria, I removed the windscreen wiper from the stopped car before being taken away by security and escorted to hospital by police.

I have since been in hospital two times for suicide attempts, all accompanied by police (with no damage or harm to others/property) due to pre-existing mental health conditions, BPD, depression and anxiety disorder.

I see a Psychologist every Tuesday and a Psychiatrist every Friday to treat these conditions, and had been up until the criminal damage occurred, I continue to see them weekly and have been in treatment for 10 years.

I work full-time and support myself, I have never had any issues with law up until this incident and I am terrified it will affect any career aspirations I have if I get a record.

Can anyone help me figure out what outcome I can potentially expect?

I have already been interviewed by police and admitted to the damage and expressed regret so I imagine I would be found guilty regardless of my suicidal intentions or mental health issues.
 

Rod

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27 May 2014
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Get a lawyer, they may be able to help.
 

Rod

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What have you been charged with?
 

Rod

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s 197 Crimes Act?

There's a far chance you can get off with the help of a lawyer. With a good history and your conditions while you may be found guilty I don't expect a stiff penalty.

If keeping your record clean is important to you, then I recommend seeing a lawyer.

And do not give the police any more information. In this kind of situation the police are not there to help you and chances are they will use it against you.
 

Tony Danos

Lawyer
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29 November 2016
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I believe that with supporting medical evidence you may avoid a record however you do need the assistance of a criminal lawyer who regularly goes to court.