Criminal Damage and Wilful Damage – Diversion

This is a case study on charges of Criminal Damage and Wilful Damage resulting in a diversion.

What is alleged to have occured?
Our client was riding his motorcycle at around 8pm. He noticed a car that was travelling quite close to him to his right hand side, and then the same car went to his left. There were parked cars up ahead and the client assumed that the car would remain behind him as there was not sufficient space to pass. However, the car accelerated and overtook the client which nearly resulted in a collision.

At the lights up ahead, the client was stopped alongside the car, where he yelled at the female driver about her dangerous driving. He then hit her side mirror several times, causing it to brake. In his record of interview with the police, he made admissions to hitting the mirror, indicating that he had been shaken by the near collision.

What happened at court?
He was charged with Criminal Damage and Wilful Damage and Kristina Kothrakis represented him at the Melbourne Magistrates’ Court.

The client was a man in his early 50’s with no prior convictions. He was an experienced rider who had never been involved in such an incident before. The driver’s conduct placed the client at risk; however it was acknowledged that his handling of the matter after the fact was inappropriate, and would have caused the female driver to be fearful of potential escalation.

Kristina formed the view that this was a matter which was suitable for diversion. She made a submission to the police to recommend him and this was accepted. Excellent character material was obtained, which demonstrated the client to be an otherwise responsible and contributing person. He is a proud and involved father and husband, and was a professional man.

What was the result?
The magistrate accepted all matters put on his behalf and was persuaded that diversion was the appropriate outcome for both charges of Criminal Damage and Wilful Damage. This means that the client’s criminal record will remain clear.

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 23/05/2018