Assaulting or Resisting Constables – Diversion

Our client was at a soccer game with friends. He had been consuming alcohol and was otherwise having a good time. The ground was in an area of allocated seating; but due to the crowd numbers and a lack of proper management, people without valid tickets for that area were gathered around. This left our client unable to access his seat and he had to stand in the aisle.

What is alleged to have occured?
The client was later told by the police that he had to move. Our client became upset because he legitimately had a ticket for that area. He was told again that he had to move and that he was to be ejected. As police were ushering him out of the ground, he turned and aggressively pushed an officer in the chest. He was charged with Assault police.

What happened at court?
Kristina Kothrakis represented the client at the Melbourne Magistrates’ Court.

The client was in his late 30’s and did not have any prior convictions. Kristina Kothrakis thought that it was a matter which ought to be dealt with by way of Diversion. Police normally have a policy whereby they do not recommend Diversion for matters involving the assault of police officers, but Kristina wrote a submission to them urging them to recommend the matter for Diversion. It was supported by an attached character reference which described the client as an honest, hard working, family-oriented man who had never behaved in that manner before.

What was the result?
The Police were eventually persuaded to recommend for Diversion as a result. We were also successful at Court in having the matter proceed as a Diversion.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013