Diversion Application for Unlawful Assault

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

Our client was charged with the unlawful assault of his defacto partner. As at the date of the charge, he was 58 years old. He had no previous court appearances but did previously receive a diversion for a different offence many years ago.

What is alleged to have occured?
The facts of the alleged offence were that our client had forcibly taken his partner outside of the Crown Casino complex against her will. The partner did not make a police statement but our client’s actions were recorded on close circuit television.

We provided legal representation at the Melbourne Magistrates’ Court on the charge of Unlawful Assault.

What happened at court?
Our client impressed in his engagement with our office the importance of obtaining an outcome that would not adversely affect his continued employment. His case was extensively negotiated with the prosecution over several dates. As a result of these negotiations with the prosecution, his case was recommended for a diversion.

The diversion application for Unlawful Assault was successful. There were a number of constructive steps that our client had undertaken which contributed to this outcome. First, our client was referred to and engaged fully in offence-specific counselling. A letter was provided to the court confirming his attendance and participation in counselling. Secondly, the prosecution were encouraged to talk to and obtain the input of his partner into his prosecution. Our client’s partner subsequently provided a letter to the court outlining the circumstances of the offence in question, and her reasons for her continued support of our client.

What was the result?
The result of the diversion hearing was that our client received a diversion, with conditions to donate a sum of money to a charity, be of good behaviour, and to continue the counselling he had already commenced.

This was an especially pleasing outcome for our client because of his employment in the community health sector as a disability worker. A finding of guilt, and the resulting criminal record would have made him ineligible to continue in his role as a disability support worker.

Elements of Unlawful Assault:
  • The accused applied force to the complainant’s body
  • The application of force was intentional or reckless
  • The application of force was without lawful justification or excuse
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 27/09/2018