Republic of Ireland Law

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I was charged with section 3 assault snd harassment. I

Customer Question
pleaded guilty to both and...
I was charged with section 3 assault snd harassment. I pleaded guilty to both and got a suspended sentence. It was my first offense, and I think it was harsh. There were mitigating factors, such as I was very mentally ill and had not taken my meds at the time. On appeal is it possible to get it quashed or probation act? What is the most realistic outcome. I wouldn't be able to engage in probation services as I have left country since conviction, and will only be returning for appeal.
Submitted: 8 months ago.Category: Republic of Ireland Law
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Customer reply replied 8 months ago
Would a strong psych report stating I was not sound of mind at the time help. I had poor reports for last hearing.
Answered in 2 days by:
10/4/2017
Solicitor: Buachaill, Lawyer replied 8 months ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,153
Experience: Barrister 17 years experience
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1. It is quite likely that you will get the conviction changed to one of not guilty by reason of mental illness upon appeal. However, it is highly unlikely that you will get the Probation act. This is because the concerns of the victim(s) will be taken into account. This is what makes the Probation Act unlikely. However, you should certainly appeal. However, be aware that part of the arrangements if you plead not guilty by reason of mental illness is that you attend or continue to attend psychiatric services. So, even though you are out of the country and not attending probation services, the court will look to see if you are getting psychiatric help and are engaging in a course of psychotherapy which will improve your mental illness, thereby avoiding the risk of reoffending.

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Solicitor: Buachaill, Lawyer replied 8 months ago

2. I would also advise you to get the best legal representation for your appeal. Whoever ran the initial case did not do a good job if they failed to mention your mental illness and withdrawal from your meds as this is the basis for your defence of not guilty by reason of mental illness. So, this time, get yourself good legal help.

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Solicitor: Buachaill, Lawyer replied 8 months ago

3. Please Accept or Rate the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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Customer reply replied 8 months ago
Can I just point out we pleaded guilty. My solicitor mentioned withdrawal of meds and mental illness. If I appeal, I couldn't go to a guilty plea? Is there any other method of avoiding a conviction, the offer of compensation, is there a probation bond? On appeal, could other side drop case? I have engaged with all psych services etc. Would appealing with a not guilty plea put me at risk of being institutionalized in a mental hospital? Thanks
Solicitor: Buachaill, Lawyer replied 8 months ago

4. If you pleaded guilty, then you cannot plead not guilty on appeal. You can seek to have the plea changed to not guilty by reason of mental illness, but this is highly unusual because you will have to deal with the issue of why it was not pleaded when you pleaded guilty. You will have to say you were not properly advised. Secondly, it is a daft notion that the other side will drop the case upon appeal. That never happens when someone pleads guilty. Thirdly, you will have to show you are receiving psychiatric care if you plead mental illness as a defence. The court will require treatment if you are not already getting treatment.

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