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Bail Application Larceny

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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 …show more content…

When the police arrived, she struggled as they escorted her but didn’t try 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 doesn’t deserve the severity of these punishments including larceny under section 117 carrying a maximum sentence 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 the authorised officer or court, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection” Your honour, my client has an ongoing problem with alcohol leading to intoxication which may 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

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