Bail Application Larceny Essay

1372 Words Nov 27th, 2012 6 Pages
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
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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 larceny, 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

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