Bail Application Larceny

This matter is an application for conditional bail your honour. Mrs. Ayoub is a 51 year old divorced woman that lives on her own and has been charged with larceny under section 117, common assault under section 61 and resisting arrest, under section 58 of the Crimes Act 1900. Your honour, I submit my client has neither presumption in favour or against bail as she doesn’t fall under sections 8 to 9. Therefore Mrs. Ayoub has no presumption for bail however, under section 13 of the Bail Act, my client is still eligible for bail despite having no entitlement, therefore I plead for bail to be considered granted to my client.

Has your honour been made aware of the facts of the case? * The alleged incident took place after a substantial amount of alcohol had been consumed, putting my client in a different state of mind. * It was not Mrs. Ayoub’s intention to steal the radio as she placed it in her shopping bag and was then distracted by a conversation. She then walked out of Myer forgetting to pay for the radio which is when she was confronted by the security guard causing her to panic and push him away. * As a result of this, police arrived and Mrs. Ayoub was in a state of distress and the police struggled to escort her to the police vehicle till she calmed down.

Your honour, the criteria to be considered in Mrs. Ayoub’s case regarding section 32 1) a) states “the probability of whether or not the person will appear in court in respect of the offence for which bail is being considered, having regard only to”: Subsection i. “the person’s background and community ties, as indicated by the history and details of the person’s residence, employment and family situations and the person’s prior criminal record” Your honour, my client was left by her husband many years ago and as a fifty one year old woman, resulted in psychological distress leading her to psychiatric help while he lives in America.

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She has no sureties or property as her only form of income is her pension cheque. She has no other immediate family in Sydney and resides at a unit in Parramatta but my client’s daughter keeps in contact with her mother and is willing to let Mrs. Ayoub reside with her in Melbourne. Due to this arrangement, my client will not breach such ties with her daughter by not appearing in court on set dates as it could strain the relationship with both parties. My client does have a criminal history over twenty years with ninety convictions of arceny, mainly shoplifting, however, none of the convictions consisted of assault or resisting arrest. Section 32 1) a) subsection ii. states “any previous failure to appear in court pursuant to a bail undertaking or pursuant to a recognizance of bail entered into before the commencement of this section” Your honour, my client has never failed to appear in court even though she has a medical certificate from her previous psychiatrist stating that she had a nervous breakdown when her husband left her.

Section 32 1) a) subsection ii. reads “the circumstances of the offence (including its nature and seriousness), the strength of the evidence against the person and the severity of the penalty or probable penalty” Your honour, my client’s offence of assault and resisting arrest were as a result of the alleged larceny as she had no intention to steal the radio, there is no evidence to prove that my client’s intention was to permanently deprive the owner of that property.

The mental element of committing the crime is not present as my client was in severe distress when she had forgotten that it was still in her bag. Mrs. Ayoub was taken by surprise when the guard approached her and didn’t intend any harm towards him when she pushed him away as she panicked. When the police arrived, she struggled as they escorted her but didn’t try to resist, prevent or oppose her arrest as she only just struggled till they calmed her down.

Under these circumstances, my client was misunderstood as she was in a different state of mind and doesn’t deserve the severity of these punishments including larceny under section 117 carrying a maximum sentence of five years imprisonment, common assault under section 61 carrying a maximum of sentence of two years imprisonment and resisting arrest, under section 58 carrying a maximum sentence of five years imprisonment.

Section 32 1) b) reads the interest of the person having regard only to: Subsection iv) “whether or not the person is, in the opinion of the authorised officer or court, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection” Your honour, my client has an ongoing problem with alcohol leading to intoxication which may lead to making unsound judgements/decisions and for this reason may need professional help or counselling regarding her alcohol problem as her addiction may get worse if it is not treated properly.

Section 32 1) b1) subsection i) states the protection of “any person against whom it is alleged that the offence concerned was committed” In regards to the protection of the security guard, my client has no intention to harm him or any intention to revisit that store as she is willing to move to Melbourne to live with her daughter.

Section 32 1) c) subsection iv) reads “the protection and welfare of the community, having regard only to whether or not it is likely that the person will commit any serious offence while at liberty on bail, but the authorised officer or court may have regard to this likelihood” Your honour, my client’s history of larceny may be an issue but to stop my client from reoffending, her daughter is willing to let my client live with her which will influence her to the good as she won’t put strain on the relationship she has with her only family.

As this is an application for conditional bail, under bail conditions section 36 2) a) one or more of the following conditions only may be imposed on the grant of bail; that the accused person enter into an agreement to observe specified requirements as to his or her conduct while at liberty on bail, other than financial requirements. Your honour, my client is willing to enter an agreement concerning residing at a specific premises and entering a rehabilitation program for her alcohol abuse which will prevent my client from panicking in certain situations causing her to cause harm to others.

Section 36 2) a1) states that the accused person enter into an agreement to reside, while at liberty on bail, in accommodation for persons on bail. As mentioned before, my client has agreed to reside with her daughter at 12 Brown Road, Brownfield 3425 in Melbourne. Living with her daughter will influence my client to obey the laws and prevent her from shoplifting which may have a positive impact on her life. This way, Mrs.

Ayoub’s pension cheque won’t be her only form of income as her daughter will provide for my client which will minimize the chances of my client wanting to shoplift. My client agrees to appear in court when needed and will sign in at an assigned police station if granted bail. Section 36 2) b) states “that one or more than one acceptable person (other than the accused person) acknowledge that he or she is acquainted with the accused person and that he or she regards the accused person as a responsible person who is likely to comply with his or her bail undertaking. Your honour my client’s daughter has acknowledged her mother as a responsible person as she wouldn’t be willing to let her stay if she wasn’t likely to comply with her bail conditions. To conclude my submissions, I would like your honour to take into consideration the misunderstanding of the three offences as my client expresses great remorse and is embarrassed that her intoxication led to this stage. If your honour has no further questions, that concludes my submission.

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