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Is Mental Illness a valid defense for larceny?

Printed From: AussieLegal
Category: Criminal Law, Traffic Matters
Forum Name: Assault, DUI, Drugs, Fraud, AVOs, Traffic Fines
Forum Discription:
Printed Date: 21/April/2019 at 04:31

Topic: Is Mental Illness a valid defense for larceny?
Posted By: Ronny9479
Subject: Is Mental Illness a valid defense for larceny?
Date Posted: 09/January/2019 at 07:06
My son has been charged with 5 counts of larceny for taking electronic devices people left behind at his workplace, he is depressed and has anxiety and is preparing a section 32 application to present in court with the help of a lawyer, but is it a valid defense? Can anyone please give me a direction on how to save him from a conviction? His life is finally on track with a good job and if he is convicted, his life is finished. Please help me help him. Thank you.

Posted By: citizen-joe
Date Posted: 09/January/2019 at 07:21
If he has a clean sheet before this and if all 5 offences were committed around the same time it is possible that a good lawyer may be able to have no conviction recorded, provided he makes full restitution, is remorseful and apologises to the court. The only thing against that is that there are 5 offences.

Posted By: Ronny9479
Date Posted: 09/January/2019 at 07:24
He has 2 DUI offenses before this...also has gambling debt which he wants to bring up in the section 32 application, what are his chances ?

Posted By: citizen-joe
Date Posted: 09/January/2019 at 07:52
In light of that I would think slight, but not a reason not to try, a good lawyer and how your boy presents in court and his age are always factors.

Has he stopped gambling? Has he taken steps that the court will accept to eliminate gambling from his life?

If yes on both questions and he can satisfactorily prove this to the court, I would think his chances would be improved considerably. No court is going to go easy on a person who is likely to reoffend.

Posted By: Ronny9479
Date Posted: 09/January/2019 at 11:31
He has a corporate job now and in 2 years from now, he can get rid of all his debts and make his life so much better, he was finally happy to join corporate but after he left his previous job, the police contacted him and now he can lose everything if he gets convicted,would the judge consider this?

Posted By: citizen-joe
Date Posted: 09/January/2019 at 13:08
Probably but only if he's moved on from gambling which seem to be the root cause of the problem.

Posted By: Ronny9479
Date Posted: 10/January/2019 at 07:13
Thank you for your replies sir, how do you think should he proceed in all these circumstances? How should he present his case ?

Posted By: citizen-joe
Date Posted: 10/January/2019 at 19:54
He needs a good criminal law solicitor to act for him.

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