Assault, Threats to Kill, Threats to Inflict Serious Injury – Diversion

This matter arose from an argument between our client and another driver in the western suburbs. Our client attempted to merge lanes and was cut off by the driver of a van. This nearly caused our client to cut off some cyclists because there was limited room between our client’s car and the row of parked cars ahead of him.

Our client was upset about the possible consequences to the cyclists as a result of the van’s actions in speeding up and cutting him off. At the lights, our client stopped next to the van and a verbal argument developed. Our client exited his vehicle and approached the van. He opened the passenger door and the verbal argument continued before our client slammed the centre console lid inside the van and returned to his car.

Our client originally faced charges of threatening to kill, threatening to cause serious bodily harm, and assault. We represented the client at the Sunshine Magistrates’ Court and the police withdrew the two threat charges and offered our client diversion on the outstanding assault charge.

Our client had no criminal history in the last forty years and arranged a number of references which spoke of his good character and solid employment history. The magistrate granted diversion which involved the writing of an apology letter to the complainant, a donation to the court fund, and a condition to be of good behaviour for three months.


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