Diversion Application for Criminal Damage and Unlawful Assault

This is a case study on a diversion application for Criminal Damage and Unlawful Assault.

What is alleged to have occured?
Our client was involved in an incident with a taxi driver during a trip. An argument started between him and the driver due a dispute about directions. A physical fight eventuated and our client and his co-accused were charged with unlawful assault against the driver and property damage to the taxi.

The client conceded that he was intoxicated at the time of the offending. He had never been involved in anything like this before nor any criminal or traffic priors. He also worked full-time and a criminal conviction could affect his employment. We informed the client that he may be eligible for the diversion program.

What happened at court?
We acted on the client’s behalf at the Melbourne Magistrates’ Court on charges of Criminal Damage and Unlawful Assault.

In order for the matter to proceed by way of diversion, a police officer or prosecutor would need to recommend it. In our client’s case, the police informant initially had not recommended this matter for diversion.

We and the client worked together to obtain standout character references from people who knew the client well. They also prepared ‘plea-like’ materials to present to the prosecution before the matter appeared in court. Early legal advice and preparation of these sorts of matters often means that you make meaningful progress in the matter before it even gets close to a court room.

Letters and other material were presented with the prosecutors during the case conference, as part of negotiations to persuade them to recommend the matter for diversion.

What was the result?
We negotiated a diversion notice with the prosecutor and the client presented well in his interview and was eventually granted diversion by a magistrate. It was a successful diversion application for Criminal Damage and Unlawful Assault.

Ultimately, the client completed the diversion period and met all the conditions imposed. Therefore after a couple of months, the charges were struck off his criminal record.

Elements of Criminal Damage:
  • The accused destroyed or damaged property;
  • The property belonged to another;
  • The accused intended to destroy or damage property;
  • The accused did not have a lawful excuse for his or her actions.
Related case studies
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 21/02/2019