Mental health defence

Court proceedings and Legal Process
brettanony
Posts: 20
Joined: Sun Jun 17, 2012 8:49 pm

Mental health defence

Postby brettanony » Tue Jun 28, 2016 3:41 pm

I searched but could not find a previous thread asking this.
I am going to court for 2 speeding offences and intend to plead guilty with the hope of asking for a reduced fine due to being under financial hardship and relying on a disability support pension only for my income. This is one of my reasons for taking this to court.
However both of the fines were around times of me going through medication changes and therefore having a higher than normal anxiety problem due to my disorder.
Would I have any chance of success for asking a court to drop my speeding charges due to my mental health situation with possibly admitting that I have since learnt when I should not be driving if my health is temporarily compromised and also stating that I am stable with my medications and do not see it being a problem anymore. (I can obtain a supporting letter from my Psych)
Yes I know there are a lot of holes in my statements but I am just trying to find out if I have any hope at all or whether I shouldnt bother.

Hardy
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Re: Mental health defence

Postby Hardy » Tue Jun 28, 2016 5:28 pm

The court can't drop any charges. Only the police can.
The court can find you guilty or not guilty.
Not guilty on the grounds of being unfit to drive is not a smart defence even though it may be a valid defence - it will result in you being referred for medical review if you are successful and probably referred even if you are not.

brettanony
Posts: 20
Joined: Sun Jun 17, 2012 8:49 pm

Re: Mental health defence

Postby brettanony » Tue Jun 28, 2016 5:36 pm

Ok - thanks.
I was only going to use the mental health situation to ask for leniency of the penalty after pleading guilty and see if they could be extra generous and drop the charges (to see if I could save my points as this will tip them over). Yes I like to live in a dream world.
But you answered that in saying that they wont be able to drop the charges.
Would it be unwise to still use my mental health situation to ask for leniency on the fine amount? My Psych would write a letter to say I am now stable. Or should I just plead poor?

Hardy
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Posts: 8461
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Mental health defence

Postby Hardy » Tue Jun 28, 2016 5:37 pm

If you plead guilty the charges are found proved before you get to say anything further.
So the only reason you are going to court is to ask for a low fine and some time to pay it off. You can say whatever you like to achieve that, even rely on your mental health issues.

brettanony
Posts: 20
Joined: Sun Jun 17, 2012 8:49 pm

Re: Mental health defence

Postby brettanony » Tue Jun 28, 2016 5:42 pm

Yes - I dont have any hope of succeeding in pleading not guilty - even with the mental health - 2 x 3 point offences so cant be called a little slip-up.
I am going to court to ask for a low fine and to also get the 2 offences recorded at the same time with vicroads - as last time I went over the 12 points an older fine that got recorded later stayed on my record and I started again with 3 points already against me. Hope that made sense.


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