This case study involves a client who faced serious assault-related charges following an altercation at a Melbourne venue. Through careful negotiation and legal argument, our lawyer was able to have the more serious charge withdrawn and achieve a successful diversion application for unlawful assault. The case highlights the importance of strategic advocacy and proactive preparation in achieving a positive outcome for our client.
What is alleged to have occurred?
An incident took place at a venue in Melbourne involving our client and the complainant, which escalated into a physical altercation. Police alleged that during this incident, our client struck the complainant twice, resulting in a split lip. The altercation was captured on CCTV which provided a record of what occurred. Following a review of the footage and witness accounts, police proceeded to charge our client with recklessly causing injury and unlawful assault.
What happened at court?
Our lawyer engaged in negotiations with police about the appropriate charge in this case. For the charge of recklessly causing injury to be established, the prosecution must prove that the accused person was reckless about causing the injury. This means that the accused must have been aware that their conduct would probably cause injury. We argued that the prosecution would not be able to prove that in this case, given the nature of the altercation. We also argued that the split lip did not constitute an injury, as defined in the legislation. The police agreed with our lawyer that unlawful assault was the appropriate charge, with police to withdraw the charge of recklessly causing injury. The police also agreed to recommend our client for Diversion.
Where a person wishes to accept responsibility for offending behaviour, Diversion offers a way of avoiding a formal finding of guilt. Once granted, the accused person is placed on a Diversion Plan for up to 12 months with various conditions. Provided they comply with the conditions, the charges will be discharged at the expiry of the Plan. Diversion is usually only available for people who have no criminal history, and for relatively low-level offending. The case was then listed for a Diversion hearing at Court, where a Magistrate would decide whether Diversion was appropriate.
We had previously advised our client to complete an anger management course, and assisted our client to obtain character references. The anger management certificate and references were provided to the Court, and detailed submissions were made about the circumstances of the altercation, our client’s personal circumstances, and the suitability of Diversion in this case.
What was the result?
The Magistrate agreed that Diversion was appropriate and placed our client on a 12-month plan with conditions to be of good behaviour and to make a donation to the Court fund. This was a very good outcome given the original charges and the nature of the allegations.
Maya George
Maya is based in our Melbourne office and has experience in a wide range of criminal matters. Formerly a Judge's associate in the Criminal Division of the County Court, she has practised exclusively in criminal defence and believes every person accused of wrongdoing deserves strong and capable representation.Maya appears regularly in Court on behalf of clients charged with summary and indictable offences. In preparing each matter, Maya prioritises diligence, a non-judgmental approach, and providing clear and honest advice to her clients.
View Maya George's 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 06/11/2025
