NSW Made a mistake and now I have to go to court

[Littlechef]

Hi,

I veryyyyyy supidly took some items from myer yesterday. It is very out of character for me and I am beyond embarrassed, even when the security guards stopped me I peed my pants literally which just added to the embarrassment. I now have a court date and I am petrified.

I know this doesn’t make it right however I have been going through some mental health issues and have had a lot of major stress in my life, the week of my offense I was at my breaking point.

I have never done anything like this before, I have never even been in trouble with the law previously, I am now just sooooo scared that I will get a criminal record. What do you think my chances would be of getting a section 10?

 

[Tim W]

Without comprehensive medical evidence to support your claim?
No more than 50%.

The very fact that you know to ask about a section 10 suggests
that you already know something (even if not much)
about how things work.
Either than or you've already asked somebody else for advice or help,
and they have suggested it.

Understand this - a section 10 involves a finding of guilt against you.
A section 10 is middling common for a first offender, making an appropriate early guilty plea.
But it's not automatic, even for a cleanskin.

Get yourself to a psychiatrist (not a psychologist) and get a detailed report prepared for court.
Understand the this will cost you money, and you may not get it on Medicare.
And take yourself to a Community Legal Centre for some case specific advice.

 

[Littlechef]

Without comprehensive medical evidence to support your claim?
No more than 50%.

The very fact that you know to ask about a section 10 suggests
that you already know something (even if not much)
about how things work.
Either than or you've already asked somebody else for advice or help,
and they have suggested it.

Understand this - a section 10 involves a finding of guilt against you.
A section 10 is middling common for a first offender, making an appropriate early guilty plea.
But it's not automatic, even for a cleanskin.

Get yourself to a psychiatrist (not a psychologist) and get a detailed report prepared for court.
Understand the this will cost you money, and you may not get it on Medicare.
And take yourself to a Community Legal Centre for some case specific advice.

I have been seeing a therapist for a number of years so I can back up my claims

I have already sort legal advice which is how I know about the section 10. The lawyer I have spoken to has suggested that I get an expert psychology report, is this a must? With proof from my therapist and an expert report what would be my chances of being cleared?

 

[Tim W]

I have been seeing a therapist for a number of years so I can back up my claims

A therapist is not always and automatically a psychiatrist. You want the latter.

I have already sort legal advice which is how I know about the section 10. The lawyer I have spoken to has suggested that I get an expert psychology report, is this a must? With proof from my therapist and an expert report what would be my chances of being cleared?

If you already have one, then take your existing lawyer's advice.
That said, in cases like yours, I favour a proper medical report from a an actual doctor - hence, psychiatrist.

 

[Littlechef]

A therapist is not always and automatically a psychiatrist. You want the latter. If you already have one, then take your existing lawyer's advice.
That said, in cases like yours, I favour a proper medical report from a an actual doctor - hence, psychiatrist.

If I am to get the proper report as recommended by my lawyer what are my chances? I am beyond scared that I will end up with a criminal record.

 

[Tim W]

If I am to get the proper report as recommended by my lawyer what are my chances? I am beyond scared that I will end up with a criminal record.

A section 10 necessarily involves a finding of guilt against you.
That finding goes "on the record".

What you're actually saying here is
"Those reports are really expensive.
I don't have don't want to spend that much money.
But, if I somehow find the money and get one,
will I be assured of a dismissal, or at worst, a section 10?"

Short answer is: Assured? No.
Proper medical evidence can help. But it's not in itself a magic ticket.

As to your prospects ("chances"), I'm not really prepared to say more than I already have.
Not that I speak for them, but you'll often find that that the lawyers here
(of which I am but one) will be quite careful about second guessing the advice you've been given by another lawyer
(that is, one who has access to the full facts and circumstances of what happened,
in a way that we do not).