Crime & Mitigating Circumstances

asgood · 20-01-2006, 10:25

I have a similar problem, Im up for a first hearing at Magistrates Court. For two years I have been caring for my mother who had a cancerous brain tumour, lung cancer and liver cancer. She died on 30th December. In 2004, detectives performed a search and arrested me for illegal website use. Someone had stolen my identity in 2002. They took all my computer equipment and cds and video and kept them for over a year. Of course bringng them back in August 2005 with no apology. They put me in debt with online payments, they refused to check with the bank that had succesfully recovered a fraudulent $250 attempt on my account in 2003. My grandmother died last year, also.
Now my mind was a complete mess, trying to be strong for everyone, I worked for <a company> and because i wanted to be at home with my mother i was <making mistakes> just random acts when she had a bad night during chemotherapy treatments.
I wasnt sleeping, told the managers my problems as early in December 2003 when she was first diagnosed. They told me not to worry and they would help me. I showed all signs of stress, arriving late for work, etc, petty arguments. Not once did i receive help from them after 20 years loyal service or guidance for stress. If they noticed mail was late why did they not confront me knowing the problems I had.
I now face 7 charges of theft. Although I have no recollection of some of it.
Would any of u consider these mitigating circumstances?
Cheers for help

Chris W · 20-01-2006, 11:20

I have moved your post to a new thread, as the OP of the other thread is banned from this forum, and your post IMO deserves it's own thread.

asgood · 20-01-2006, 15:05

ah thanks.. this is mainly about a company's negligence in confronting mental stress and dealing with it. Instead making things worse for my family after a traumatizing two years.

<mod edit: Chris W>Although we are sympathetic towards your situation, there is no need to name the company invovled. Removed.

Nugget · 20-01-2006, 15:11

Out of curiosity asgood, did you seek any medical help or counselling for the stress that you were suffering under?

cookie_365 · 20-01-2006, 19:04

There'll be a Duty Solicitor at the magistrates court. Speak to him/her about your case.

asgood · 20-01-2006, 20:06

No, i wa sjust trying to handle it, obviously very badly. Trying to be strong and positive and showing weakness is important for cancer families. I informed managers after my mum was diagnosed in 2003, i said that if anything should go wrong in my work or i make bad decisions to bear my situation in mind. They told me not to worry and they would help me. That was before the tumour operation and the treatment for my mum and the stupid computer investigation and tall that stress, i was coming in late for work and haveing petty arguments, the signs were there. I have just found a document (on the internet!) from <the employer> about safety standards and stress management, That managers are trained to see the signs of stress and will talk and guide employees suffering from it with counselling and the like. I never saw this document or was even asked aboiut my problems. I would get the odd `oh how is ur mum?` every month or so!. The office manager never asked after a year, only then when he called me to come back to work after an illness!. Apaprently these charges date back to May2004, which begs the question, as they knew about my problems and offered to help me in Xmas 03..why did they not confront me when they suspected something wrong?. Rather than solve the problem quickly and help me they let it continue so to wash their hands of the stress factor and try to get me charged. I didnt want to be at work, my mum was sick very often and we werent sleeping, my dad and i, so i just wanted to be home. It was like work didnt matter. My mums just died now and i have to go through this ****, when i offered to pay losses and apologise to customers, i deliver on my own area so most know what we are going through. This is just a vengeful attack when all could have been solved amicably

I showed remorse even though they ddint help me, and I was under incredible trauma.

Ramrod · 20-01-2006, 20:36

I have had several patients in over the years who have been treated very shabbily by managers in your company....then again I do feel that some of this situation is of your own making.....you could have gone sick (or not?

), you could have re-arranged your payment options (when you got a red bill).....none of that excuses your managers actions though...sh*tty situation all round.

---------- Post added at 20:36 ---------- Previous post was at 20:34 ----------

Quote:

Originally Posted by Nugget

Out of curiosity asgood, did you seek any medical help or counselling for the stress that you were suffering under?

If he did then he wasn't handled appropriately

TheDaddy · 20-01-2006, 22:57

Mitigation is only relavent if you are found guilty, I would not wait till the court day before seeing a solicitor, most give a free hour's advice and because of the number of charges you may well get legal aid, remember to watch the clock for that first hour, you don't want to go over and have him charge you.