Steal Property as Clerk/Servant Larceny – Mental Health application – Local Court – section 32 Mental Health (Forensic Provisions) Act

Published 24 Oct 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter – Steal Property as Clerk/Servant Larceny – Mental Health application – Local Court – section 32 Mental Health (Forensic Provisions) Act –

Nyman Gibson Stewart

Criminal Lawyers

Downing Centre Local Court 

Represented by Solicitor: Kylie Anderson

Facts: Our client was charged with an offence of steal property as a clerk/servant. During the initial conference it was ascertained that our client was potentially suffering from a mental health condition or illness which may have affected her behaviour leading to the offence. We advised our client that she could possibly avoid being dealt with under the criminal justice system.  

Result: The solicitor engaged a psychologist to confirm the client’s diagnosis and made an application for the matter to be dealt with under s32 of the Mental Health (Forensic Provisions) Act.  These applications are difficult. However, the solicitor successfully convinced the magistrate that the client should be diverted from the criminal justice system to continue her treatment.  No criminal conviction was recorded and the charge was dismissed.   In addition, the treatment plan provided by the psychologist stated that treatment would need to be undertaken on a weekly or fortnightly basis.  The solicitor successfully submitted that this frequency be reduced in order to take into account the client’s financial circumstances.  The order stated that our client attend on her psychologist as and when she was financially able to do so.

Kylie Anderson is based at our Darlinghurst office.