Charges of Larceny and Bail Application

Topics: Crime, Criminal law, Bail Pages: 4 (1365 words) Published: November 14, 2012
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. She has no sureties or property as her only form of income is her...
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