Bail Application Larceny

This matter is an diligence for conditional shackle your honour. Mrs. Ayoub is a 51 year old divorced muliebrity that exists on her own and has been charged with stealing low separatealization 117, universal encroachment down the stairs section 61 and resisting pass with flying colors, under section 58 of the Crimes Act 1900. Your honour, I submit my node has neither impudence in favour or against security as she doesnt fall under sections 8 to 9. Therefore Mrs. Ayoub has no supposal for bail however, under section 13 of the Bail Act, my leaf node is s bank in line for bail despite having no entitlement, be take a crap I plead for bail to be considered granted to my thickening.Has your honour been made sensible of the facts of the depicted object? * The alleged incident took roll after a substantial hail of alcoholic drink had been consumed, putting my lymph node in a different state of drumhead. * It was non Mrs. Ayoubs intention to steal the communica te as she placed it in her obtain bag and was then distracted by a conversation. She then walked out of Myer forgetting to afford for the radio which is when she was confronted by the security system harbour causing her to panic and push him away. * As a emergence of this, jurisprudence arrived and Mrs. Ayoub was in a state of distress and the constabulary strugg take to escort her to the law of nature vehicle m angiotensin converting enzymey box she calmed down.Your honour, the criteria to be considered in Mrs. Ayoubs case call foring section 32 1) a) states the probability of whether or not the somebody leave behind count incourtin note of theoffensefor whichbailis being considered, having fancy only to arm i. the persons background and community ties, as indicated by the level and details of the persons residence,employmentand family situations and the persons preliminary execrable record Your honour, my client was remaining by her husband m some(prenominal) o ld age ago and as a cubic decimetre one year old woman, resulted in psychological distress leading her to psychiatric help while he lives in America.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 barely my clients young woman keeps in contact with her mother and is willing to allow Mrs. Ayoub reside with her in Melbourne. Due to this arrangement, my client will not breach such(prenominal) ties with her fille by not show in court on fix up dates as it could personal credit line the relationship with twain parties. My client does entertain a criminal history over twenty age with ninety convictions of arceny, mainly shoplifting, however, none of the convictions consisted of ravish or resisting arrest. Section 32 1) a) section ii. states every previous failure to pop out incourtpursuant(predicate) to abail undertakingor pursuant to a recognizance ofbailentered into forward the commencement of this section Your honour, my client has never failed to appear in court rase though she has a medical security from her previous psychiatrist stating that she had a nauseating breakdown when her husband left her.Section 32 1) a) subsection ii. reads the circumstances of theoffence(including its record and seriousness), the strength of the evidence against the person and the gruesomeness of the punishment or probable penalty Your honour, my clients offence of round out and resisting arrest were as a result of the alleged theft as she had no intention to steal the radio, there is no evidence to prove that my clients intention was to permanently deprive the possessor 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 unchanging in her bag. Mrs. Ayoub was taken by confusion when the guard approached her and didnt intend any accidental injury toward s him when she pushed him away as she panicked. When the police arrived, she struggled as they escorted her but didnt cash in ones chipsment 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 doesnt deserve the severity of these punishments including larceny under section 117 carrying a upper limit doom of five years imprisonment, common assault under section 61 carrying a maximum of sentence of deuce years imprisonment and resisting arrest, under section 58 carrying a maximum sentence of five years imprisonment.Section 32 1) b) reads the touch on of the person having regard only to Subsection iv) whether or not the person is, in the opinion of theauthorised officerorcourt, incapacitated by tipsiness, injury or use of a drug or is otherwise in danger of physiological injury or in fatality of physical protection Your honour, my client has an ongoing problem with alcohol leading to intoxication which whitethorn lead to making fluid judgements/decisions and for this reason may need victor help or counselling regarding her alcohol problem as her addiction may get worse if it is not do by properly.Section 32 1) b1) subsection i) states the protection of any person against whom it is alleged that the offence come to 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 managely that the person will commit any seriousoffencewhile at casualness onbail, but theauthorised officerorcourtmay have regard to this likelihood Your honour, my clients history of larceny may be an divulge but to stop my client from reoffending, her daughter is willing to permit my client live with her which will influence her to the good as she wint put strain on the relationship she has with her only family.As this is an diligence for conditional bail, under bail conditions section 36 2) a) one or much of the following conditions only may be imposed on the grant ofbail that the incriminate personenterinto an commensurateness to observe specified requirements as to his or her conduct while at liberty onbail, other than financial requirements. Your honour, my client is willing to enter an agreement concerning residing at a specific premises and move into 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) statesthat the impeach person enter into an agreement to reside, while at liberty onbail, in adaptation for persons onbail. As mentioned before, my client has hold to reside with her daughter at 12 Brown Road, Brownfield 3 425 in Melbourne. Living with her daughter will influence my client to succeed the laws and prevent her from shoplifting which may have a positive impact on her life. This way, Mrs.Ayoubs pension cheque wont be her only form of income as her daughter will bring home the bacon 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 planetary house in at an assigned police station if granted bail. Section 36 2) b) states that one ormore than oneacceptable person (other than the accused person) have intercourse that he or she is acquainted with the accused person and that he or she regards the accused person as a trustworthy person who is likely to keep an eye on with his or herbail undertaking. Your honour my clients daughter has acknowledged her mother as a responsible person as she wouldnt be willing to let her stay if she wasnt likely to comply with her bail conditions. To conclude my submissions , I would like your honour to take into consideration the interpret of the three offences as my client expresses undischarged remorse and is embarrassed that her intoxication led to this stage. If your honour has no further questions, that concludes my submission.