by Benno75  27/04/2018  138 Page Views
4 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud
Hi, I was hoping to get some advice on if I can appeal a court ruling and having the charges removed from my record.
In 2016 I suffered job loss and a relationship breakdown. This and other factors led me into ice addiction. (Obviously extremely poor behaviour on my part and I'll make no excuses and take full responsibility for that one). My X alerted my family to the fact I had an ice addiction. My family trying to do what they thought was right sent police to my house daily to do welfare checks as well as CAT team. All factors combined and insane stress levels and despair over losing my partner I suffered drug induced psychosis. I had no education regarding psychosis and I actually thought that mentally I was ok. I thought there was some kind of conspiracy against me, people (including my family) were doing things to me and everyone knew me, so I thought. Completely dillusional. But it's very real when it's happening to you. Now I'm free of drug addiction and mentally healthy what I thought was happening to me seems absurd and rediculous. Hard for anyone to understand unless they've had psychosis. Very scary stuff! Anyway CAT team put me in psych ward for 3 days then released me. I acted normal as possible to get out as quickly as possible as I thought psych ward were a part of conspiracy also. When I got out because the psychosis was so real I went out everyday trying to work out what and why this was happening to me. I was basically been led around by voices and other psychotic signals on where to go and what to do. In my mind j thought if I complete certain tasks everything would return to normal. I ended up being charged with attempted burglary, trespass and damage with criminal intent.
The burg charge was in the middle of the day at a small factory or possibly an apartment. There were many neighbouring businesses along side said property. It was the middle of a sunny day and I was just on a push bike. No bag or tools one might use to force entry. Voices led me to property and instructed me to enter. I knocked several times. No answer. I was told to open door handle. It was locked. I was told to force handle. I did. And I'm sure it would have damaged handle but that's it. I was probably messing around at door for 20 mins or so. A lady from next door factory came out several times and observed me. She never said anything or even looked alarmed. This made it even more real for me thinking everyone knew who I was and I was in some kind of program or conspiracy. So now I have criminal record and currently on a CCO. I face a lot of prejudice now and damaged friend and family relationships. Honestly, I'd own and accept criminal record if my intention was to rob someone. But honestly I was very sick, unstable and frightened. I had 2 different letters from doctors confirming I had psychosis. I requested my pro bono solicitor have matter heard in drug court but he wasn't interested. He didn't even really drive the point I was very mentally ill at the time. He said we don't want the judge to think you're mad.
The record really hurts me as I had never been in trouble with police before and clean record. I'm not the type of person who commits crimes especially breaking into a property to steal.
Honestly if I was intending to rob the place and got caught, I'd take responsibility for charges and record and accept it. But it's just not the case. I'm trying to get my life back together. I've done rehab and sober living program. I'm doing my community hours. And I'm always reliable and punctual for it. I'm positive while doing it also.
Sorry for long post.
Can I appeal? Should I appeal? Do I have a chance to clear record?
(I've been 100% honest in above info)