Stealing charge - Larceny by clerk or servant – no conviction

Represented a client who was charged with “larceny by clerk or servant”. The allegations were that she stole certain drugs from her place of employment.

The client attended the MERIT programme.

After obtaining certain instructions from the client, we obtained a psychologist’s report on the client’s behalf.

I made an Application to the Court pursuant to section 32 of the Mental Health (Forensic Provisions) Act that, rather than the client being dealt with in accordance with the criminal law, the matter should be dismissed and she should instead be discharged under the Mental Health legislation and ordered to accept the directions of her psychologist.

The Application was successful. The client did not need to be put through the rigours of the criminal justice system, nor was she found guilty of the offence and further and more importantly, she received the help she required.