This is a case study on a charge of Breach Intervention Order resulting in a sentence of diversion.
The allegations concerned a dispute between our client and his father (the complainant and applicant for the intervention order) in which our client was alleged to have verbally threatened his father. Our client had no prior history.
He was eventually charged with Breach intervention order and we represented him at the Heidelberg Magistrates’ Court.
The Court recognised the unusual nature of the offending, and that although any breach of a Court order is serious, the particular circumstances of the incidence were not objectively the most serious example of an offence of this type, and so the Court could moderate the penalty. The Court also accepted our client’s willingness to take responsibility and his genuine remorse.
The matter was successfully granted a diversion.
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
