Background
Our client faced five charges of larceny for shoplifting items totalling over $2,000 from multiple stores in a South West Sydney shopping centre. Under section 17 of the Crimes Act 1900, a person charged with these offences may face a maximum penalty of five years in prison.
Our client admitted to committing the offences and instructed us to enter a plea of guilty to the charges.
Our solicitor took the time to understand the nature of our client’s actions and mental health concerns and recommended they seek help from a psychologist. Using a report from the treating psychologist, our solicitor was able to submit a section 14 application for consideration by the court.
What is a Section 14 application?
A section 14 application can be made in the Local Court under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Section 14 applications serve the primary purpose of rehabilitation by severing to address the underlying condition that contributed to the offending behaviour. A Section 14 application requires a report from a psychologist or psychiatrist and must contain a diagnosis.
Outcome
Due to the strength of our solicitors’ arguments and the psychologist’s report, the Section 14 application was successful and granted by the presiding Magistrate. The charges were dismissed on the condition that our client complies with a treatment plan for 12 months.
The outcome was highly favourable given the alternative punishments our client could have faced. Our solicitor’s ability to comprehend both the legal aspects and the human element of the larceny charges resulted in an outcome that emphasised rehabilitation rather than punishment.
If you, or someone you know, needs help with a shoplifting charge contact our office today on (02) 8084 9929.
Our skilled larceny solicitors will work with you to achieve the best possible outcome for your shoplifting case.
