R v SB
SB was charged with two counts of ‘larceny’ contrary to section 117 of the Crimes Act 1900. Each count of larceny carries a maximum term of imprisonment of five years. The case against SB was strong, with multiple witness accounts and CCTV footage.
Bill O’Brien represented SB and the matter came before the Downing Center Local Court. A section 32 application was made pursuant to the Mental Health (Forensic Provisions) Act 1990. This section states that a presiding magistrate may sentence persons suffering from a mental illness or condition to treatment, rather than to a term of imprisonment.
The matter came before Magistrate Susan MckIntyre, who accepted the application and chose to dismiss the charges against SB and order her to continue her mental health treatment.
This was a fantastic result for SB, as she was very concerned about the impact that a criminal record would have on her business and career.