This is a case that was successfully recommended for diversion involving Assault and Resist Police and other assault offences.
The police charged our client with Intentionally Cause Injury, Assault Police, and Resist Arrest. The facts of the case were that our client had been drinking over a period of several hours with her then boyfriend (the complainant). They were alone in the client’s apartment for several hours. They then started arguing and the complainant called the police before leaving the apartment.
Our client had a relevant history of depression and was prone to bouts of severe anxiety. At the time of the offending, she was medicated for depression and illness. The complainant alleged that our client had bitten his arm and his chest. And when the police attended our client’s apartments about 2 hours after the complainant left, they were met with erratic behaviour from our client (hence the assault police allegations) which resulted in her being taken into custody.
Shaun Pascoe acted on the client's behalf at the Melbourne Magistrates' Court. The charges were:
During the first case conference, we placed the offending in context by presenting relevant material relating to our client’s difficulties and aspects of her relationship with her former boyfriend. Emphasis was also made on the fact that our client had no previous offending history and was 20 years old at the time of the offence. A diversion for Assault and Resist Police charge and the other offences was put forward for consideration.
The prosecution recommended diversion and the mater was set down for a diversion assessment. They further agreed to allow diversion to be recommended on the basis of two summary offences, namely Unlawful Assault and Resist Police.
Our client successfully received a diversion. This outcome was achieved through submissions at the diversion assessment hearing of a psychological report outlining some of the factors that had contributed to the offending on the evening in question.
Importantly, the report also outlined the very constructive steps that our client had taken since the incident in order to address the issues underlying the offences. These matters included a recent history of consuming too much alcohol which were done frequently with prescription medication. As our client had engaged in ongoing psychological counselling in the period that had precipitated her matter coming to court, and due to the fact that she had enhanced insight into her offending, the magistrate was persuaded to grant diversion.
A diversion for Assault and Resist Police is a great outcome. The client was able to avoid prison with no criminal record.
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 20/02/2018