No conviction pursuant to Section 32 Mental Health Application for Larceny by Clerk or Servant

Our client was a 25-year-old worker at a retail store.

Six months after commencing employment she was charged with Larceny by clerk or servant offence pursuant to Section 156 of the Crimes Act 1900 (NSW) relating to over $20,000 in stock and cash.
Police alleged that over the course of many months our client had systematically taken stock and cash. These incidents were captured on CCTV.

Our client came to us embarrassed.

We inquired as to what had been happening in her life at the time of these offences. She informed us that her mother had recently passed away and she was the sole carer for her elderly grandparents and two younger siblings.

In light of this, we arranged for her to see one of our expert psychologists for a Section 32 Report to be prepared. The report we received disclosed our client suffered from severe depression and anxiety.

The case proceeded at Burwood Local Court. We made an application under Section 32 of the Mental Health (Forensic Provisions) Act for all of the charges to be dismissed.

The presiding magistrate was persuaded by the leading cases we referred to and dismissed the charges on the proviso that our client completed a treatment plan with the psychologist.

Our client was overjoyed with the result and can continue to financially support her family.