Criminal Damage - Proof of intent?

[Crazychickx]

Hi, I am Bi-Polar, whilst in hospital I attempted to commit suicide, as my meds were not working and I had a massive low. Well basically I went into an empty room, and smashed a window with a chair it resulted in my obtaining a small chip of glass (it was safety glass), and I then cut a vein over my pulse and I now have a significant scar. Immediately afterwards I bitterly regretted it apologised to staff and offered to pay for the damge the chip was about the size of a 50 pence piece. I am now being prosecuted for criminal damage. I have to go and be interviewed by the police, recorded interview etc... I am going to have a solicitor.

I dont have a criminal record and I am terrified. Reading on the net though, it seems that criminal damage needs to be proved that I was intending to perform a criminal act but I was actually trying to kill myself, so the breaking of the glass was incidential, is this any defence?

Is there anyone who knows the law who could advise me?

Also please note I feel bad enough about this already, so anyone saying ha, ha serves you right etc, will have absolutely no effect. I feel bad about damaging NHS property and I will pay for it.

Thanks

[Teleph0ne]

I would say that you were not mentally fit at the time to be responsible for your actions

[Androcles]

I know you say you are bi-polarbut was that the reason you were in hospital and what you were being treated for? I would have thought that if you were in the state you describe, they would not be talking about criminal damage, as they would be able to see what the cause was. Is there anything you are not telling us, such as you were under the influence of alcohol at the time? That would seem to be a likely reason for their seemingly unsympathetic reaction.....

[fredpuli47]

You broke the window deliberately. The act was 'without lawful excuse' That's criminal damage. What lawful excuse do you imagine you had for damaging someone else's property ? A ' lawful excuse' is breaking a window to save someone else's life not a preparatory step to taking you own.

[Crazychickx]

No I was not under the influence of alcholol, I was in hospital because I was suicidal, Bi-Polar gives you massive highs and lows its a chemical imbalance in the brain. Guess I am gonna get a criminal record then from these answers. My Psychiatric Nurse rang the hospital and asked them to drop the charges but they said it was a matter of policy to pursue all damage by patients... I am going to argue that the hospital did not take adequate care of me as I should have been on 24 hour suicide watch. Thanks for the replies anyway.

[Teleph0ne]

I wouldn't worry too much, given your medical history the CPS would never take it to court, you may be charged but it will more than likely be dropped upon medical evidence either before it reaches court or by the magistrates when it reaches court. I can't see you being convicted

[saxy_jag]

Excuse me, danchip, but my cousin is also bipolar. He frequently jokes that he's nuts/mad/crazy or whatever. He happens to have the same name as Batman's alter-ego and so thinks it's quite funny to use the nickname 'Bats', not the least because he says it's rather appropriate for someone like him. I was shocked when he first told me, but it's one of the ways he stays 'normal' and if it doesn't upset him, then it doesn't upset me.

Bipolar robs you of many things, but as far as I know, a sense of humour isn't one of them.

Back to your question, Crazychick, I'm tempted to go with Telephone. Get a decent lawyer and authorise him/her to access your medical records, which can then be presented in your favour and the hospital probably won't have a leg to stand on.

[saxy_jag]

Sorry ed - my answer went up as the removed one was removed. Feel free to remove if you see fit.

[wolf63]

Best of luck with this matter - try and see if the Bipolar fellowship can offer you any advice. http://www.mdf.org.uk/ There is a separate website for Scotland.

I was diagnosed with it in 1997 after many years of ill health. It can be pure hell.

Susan

[Crazychickx]

Thanks, Telephone, SaxyJag, ahmskunnirt, wolf63 Your answers have been most helpful and supportive.

I will get a duty solicitor as I dont know any criminal solicitors.... I looked for one in the yellow pages and on the net but they all look the same, none of them specialize in mental health issues so guess I will take pot luck. My Psych nurse has agreed to be my appropriate adult which is fantastic!! As I really trust her.

And SaxyJag thank you so much for your kind comments, you are quite correct - a sense of humour is one of ways I cope with my condition. I am now on medication and a mood stablizer which I was not on before and it has really helped me.

Thanks again.