Facts: Client was prosecuted for attempting to steal a trailer. He was found cutting the chain to the trailer with bolt cutters and hydraulic equipment. Once detained client tried to escape. Client was a 45 year old, who suffered from bi-polar disorder and was taking medication for his condition. Client had no criminal record. The Magistrate found the offence objectively serious and convicted the client and placed him on a Bond to be of good behaviour for 12 months. Client was fined $1,000. An appeal was lodged to the District Court.
Result: District Court Judge dismissed the matter under Section 10 of the Crimes (Sentencing Procedure) Act on the basis that the Client was a person of good character and based on his mental condition. The Client was ordered to enter a good behaviour bond for 12 months. No criminal conviction was imposed.