Criminal Damage and Unlawful Assault – Diversion

Our client was initially charged with criminal damage and unlawful assault with a weapon (2 separate offences as there were 2 separate complainants).

At the time of the offending, our client was in the process of executing a right turn when he saw an oncoming vehicle. Our client was committed to completing the turn as pedestrians were walking across the road. The oncoming vehicle had to swerve around our client’s car, however this vehicle delayed this swerve causing our client to believe that a crash was about to happen. Feeling angry about the behaviour of the other vehicle, our client executed a u-turn and followed the vehicle to a set of traffic lights. It was alleged that our client produced a hammer and swung it from the side of his car at the window of the other car, whilst making some threats to the driver.

Our client was interviewed several months after the incident and, although accepting responsibility, he disputed a number of facts about the incident. These disputed facts were the subject of case conference negotiations and, as a result of those negotiations, an agreed summary of facts and downgraded charges were then put forward as part of a diversion application.

Shaun Pascoe represented our client at the Melbourne Magistrates’ Court for the charges of:

Our client received a diversion for the offences. After lengthy negotiations, the summary of the offences was amended to reflect the disputed facts. Our client had impressive character references, and it was evident from those references that the incident was very much out of character. Two of the assault charges were also downgraded, which had a bearing on the matter being accepted for diversion.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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