The Queen v LC
LC was originally charged with 'aggravated break and enter and commit serious indictable offence', contrary to the Crimes Act 1900.
The facts in this matter involved LC breaking into a family’s home, taking a beer from their fridge, and leaving shortly after being confronted by the owners of the house. He was arrested shortly afterwards.
LC was highly intoxicated after attending a work function and had no knowledge of why he had entered this home when asked by police.
A charge of aggravated break and enter is a very serious offence, and carries a maximum prison sentence of 14 years. To make matters worse it is a charge that does not take into account whether the person was intoxicated or not when committing the offence.
Bill O’Brien represented LC, and negotiated with the prosecution to have the charge changed to something that more adequately reflected his conduct. They did not agree to replace the charge with a count of trespass, but instead charged LC with ‘stealing from a dwelling’ contrary to s148 of the Crimes Act 1900.
A plea of guilty to this charge was entered and O’Brien pursued a section 32 dismissal under the Mental Health (Forensic Provisions) Act, which was successful. LC had his charges dismissed and was ordered to continue his mental health treatment plan as an alternative to punishment.