Bail Application Larceny

This matter is an application for conditional bail your honour. Mrs. Ayoub is a 51 course of instruction old divorced woman that lives on her own and has been charged with stealth at a lower place comp singlent 117, common assault under section 61 and resisting arrest, under section 58 of the Crimes Act 1900. Your honour, I submit my client has incomplete presumption in favour or against bail as she doesnt 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 grant 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 non Mrs. Ayoubs intention to steal the radio as she placed it in her shopping bag and was then distract 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 create her to panic and push him away. * As a resultant 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. Ayoubs case involveing section 32 1) a) states the probability of whether or not the psyche exit appear incourtin respect of theoffencefor whichbailis being considered, having regard only(prenominal) to Subsection i. the individuals background and community ties, as indicated by the write up and details of the psyches residence,employmentand family situations and the persons prior criminal record Your honour, my client was leave by her husband many years ago and as a fifty one year old woman, resulted in psychological distress leading her to psychiatric help enchantment he lives in America.She has no suretie s or property as her only pee-pee of income is her pension cheque. She has no other immediate family in Sydney and resides at a unit in Parramatta but my clients 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 all 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 incourtpursuant to abail undertakingor pursuant to a recognizance ofbailentered into before the commencement of this section Your honour, my client has neer failed to appear in court even though she has a medical certificate from her previous psychiatrist stating that she had a nervous breakd own when her husband left her.Section 32 1) a) subsection ii. reads the circumstances of theoffence(including its nature and seriousness), the strength of the recount against the person and the severity of the penalty or probable penalty Your honour, my clients 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 clients 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 didnt intend any harm towards him when she pushed him away as she panicked. When the police arrived, she struggled as they escorted her but didnt try to resist, obstruct or oppose her arrest as she only just struggled till they calmed her down.Under these circumstances, my client was misapprehend as she was in a different state of mind and doesnt deserve the severity of these punishments including larceny under section 117 carrying a maximum declare 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 theauthorised officerorcourt, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical certificate Your honour, my client has an ongoing problem with alcohol leading to intoxication which whitethorn 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 seriousoffencewhile at liberty onbail, but theauthorised officerorcourtmay have regard to this likelihood Your honour, my clients 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 penny-pinching as she wont 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 b e imposed on the grant ofbail that the accused personenterinto an agreement to chance upon 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 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) statesthat the accused person enter into an agreement to reside, while at liberty onbail, in accommodation for persons onbail. 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.Ayoubs pension cheque wont be her only form of income as her daughter will provide for my client which will minim ize 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 ormore than oneacceptable 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 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 rumination 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.