Diversion for Assault and Wilful Damage

This is a successful case of application for diversion for Assault and Wilful Damage.

The client had no relevant court history at the time of the incident and made full admissions to his offending.

What is alleged to have occured?
Our client was charged with Unlawful Assault, Possess Controlled Weapon, and Wilful Damage. The facts that gave rise to these offences were that our client had a physical altercation with a former colleague.

It was alleged that he swung an extendable baton at the head of the complainant but the attempted strike did not make contact, and there was obviously no injuries to the complainant.

During the altercation, our client had allegedly damaged sunglasses belonging to the complainant. He was recommended for a diversion.

What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court. The charges were:

As part of the diversion assessment, several documents were tendered to the court for its consideration.

Our client had undergone a period of structured anger management counselling over a period of several weeks. He had also, in addition, sought ongoing psychological counselling to treat a history of long-standing and at times chronic depression. It must also be be noted that the offending occurred against a background of ongoing harassment that our client had been subjected to in his workplace. These matters were also the subject of submissions to the court. Our client’s good character was demonstrated through several character references.

What was the result?
Despite a relatively serious episode of offending, our client was granted a diversion for the Assault and Wilful Damage. This was extremely important for our client as he prided himself on his good name and on the fact that he has no any prior police involvement.
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