Preview

Charges of Larceny and Bail Application

Good Essays
Open Document
Open Document
1365 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Charges of Larceny and Bail Application
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

You May Also Find These Documents Helpful

  • Powerful Essays

    The victim, Smt. Kalyani, the deceased in this case, was married to the appellant on 26.04.2000. Ever since, she was being ill-treated and harassed by both the accused, i.e. her husband, and her mother-in-law, on account of non-payment of balance of the promised dowry. The appellant, on 23.08.2001, on the demand of balance of the promised dowry, sent her out of the matrimonial home. However, PW-1- mother of the deceased…

    • 1231 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Ethical Paper

    • 886 Words
    • 4 Pages

    | His Claimant would prefer that his past trauma be taken into account along with his crime.…

    • 886 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Why Do People Seek Asylum

    • 518 Words
    • 3 Pages

    When seeking asylum it is vey important to have a highly qualified attorney on your side. Attorney Matthew C. Hines is the one to represent your rights. If you have questions, or a family member or loved one has questions; immediately contact attorney Matthew C. Hines. You have rights and options. Let Matthew C. Hines fight for your rights. The attorney can be reached at the Law Offices of Matthew C. Hines at 770-941-0913. You may also choose to file out a contact…

    • 518 Words
    • 3 Pages
    Good Essays
  • Better Essays

    • Identify if bail will be afforded to you and what that bail will be, I will need…

    • 1305 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Post Bail Case Study

    • 71 Words
    • 1 Page

    Mark is now able to the post bail and be release until his next court day. Bail is money or some form of property that is deposited pr pledged to a court, in order to secure the release from custody or jail of a suspect who has been arrested. With the understand that the suspect will return for their trail and require court appearance. However, in the State of Georgia any…

    • 71 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Upon speaking with Mr. King yesterday, I have learned some new information that is very important to the firm regarding his case. Mr. King informed me that immediately prior to the accident, he had met with some friends for pizza and beer. He stated that he had “quite a few”. We know that Mr. King was unconscious following the accident and that there was no sobriety tests performed. He has made it known to me that he intends…

    • 554 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Bail Bail Case Study

    • 78 Words
    • 1 Page

    When deciding on the bail amount, the following factors are considered by the judge: the defendant's employment situation; his prior criminal record; his standing in the community; any history of failure to appear. People who can afford posting bail will do so. Those who cannot afford the cost of bail will not. The more money one has, the more bail they can post and the better the lawyers they can afford. Unfortunately, in this world money equals…

    • 78 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Criminal Law and Procedure

    • 2002 Words
    • 58 Pages

    Hayes, Robert & Eburn, Michael, Criminal Law and Procedure in NSW Chesterman, Michael, Criminal Trial Juries in Australia…

    • 2002 Words
    • 58 Pages
    Powerful Essays
  • Powerful Essays

    Lucy V. Bail Case

    • 1370 Words
    • 6 Pages

    If Lucy were to be granted bail, I think the suitable bail conditions that must be given to Lucy is that the Magistrates must impose a curfew on her so that she can prove where she is at certain times. Other than that, she must be told to maintain her job so that she would not have any other new contact with people outside of her working place. The Magistrate must also tell her to surrender her passport to make sure that she will not flee the country. On top of that, she must turn up at designated times at the police station to report her presence, so that the police is aware of her following her bail orders.…

    • 1370 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Offence Against Property

    • 5514 Words
    • 23 Pages

    What are the areas comes under this? The basic element common to the offences under this chapter is dishonesty which the code describes as the intention of causing wrongful gain to on e person to wrongful loss to another. A stage is however reached when violations of property rights become so violent, mischievous of fraudulent that the state finds it necessary to step in an utilize the machinery for its criminal law to afford protection to property in a speedy and effective way. For this it has divide into 10 heads (a) theft (b)extortion (c)Robbery and dacoity…

    • 5514 Words
    • 23 Pages
    Powerful Essays
  • Powerful Essays

    In the Payal Katara v. Superintendent Nari Niketan Kandri Vihar Agra and Others trial (2002), the Allahabad High Court ruled that “ a lady of about 21 years of age being a…

    • 2623 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Minchialamadonna

    • 373 Words
    • 2 Pages

    "This is not news to her there are proceedings in a civil context commenced in December last year." Ms Carter said McPhee was no longer employed and so could not access other people's money and had been fully cooperative in civil proceedings launched by alleged victims. The court heard her assets including an apartment have been frozen as a result of the lawsuit and police have access to her bank accounts. "In no way has she moved away from the civil proceedings or the police proceedings," Ms Carter said. "She poses no risk to the community at large… she has no access to anyone else's money nor does she have access to her own money." The court heard her parents were willing to act as bail guarantors and have been supportive of their daughter throughout the investigations.…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    High Court--Procedure--Declaratory relief--Prisoners' claims against prison visitors--Proceedings by writ and originating summons--Whether judicial review only remedy--Whether claims abuse of process of court--Supreme Court Act 1981 (c. 54), s. 31 (1) (2)--R.S.C., Ord. 53, r. 1 (1) (2)…

    • 28078 Words
    • 113 Pages
    Good Essays
  • Powerful Essays

    Right of Private Defence

    • 7473 Words
    • 30 Pages

    SECTION 106: RIGHT OF PRIVATE DEFENCE AGAINGT DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO INNOCENT PERSON…

    • 7473 Words
    • 30 Pages
    Powerful Essays
  • Powerful Essays

    Presumption Of Innocence 3

    • 3586 Words
    • 10 Pages

    To what extent has the 'presumption of innocence' enunciated in the case Woolmington v DPP [1935] AC 462 vis-a-vis criminal cases changed in light of the Human Rights Act 1998? Discuss.…

    • 3586 Words
    • 10 Pages
    Powerful Essays