Diversion for Assault With an Instrument

This is a case study on diversion for Assault With an Instrument.

What is alleged to have occured?

Our client was charged with Unlawful Assault after his 3-year old daughter attended childcare with a red mark on her leg, which was reported to the police by one of the childcare staff members. He attended the police where he made admissions to using a cane on his daughter as a form of discipline after she had thrown a tantrum. He told the police that he was unaware that it was against the law to do this, and that in his culture it was not uncommon to use physical discipline in this way.

Our client had initially represented himself in court and applied for a diversion but the court had refused diversion on the basis that the offence was too serious. For this reason, he came to our office for advice and representation.

What happened at court?

We represented the client at the Broadmeadows Magistrates’ Court on the charge of Assault With an Instrument.

We prepared written submissions on why our client should receive a diversion. This focused not only on legal principles, but also on our client’s particular circumstances. We assisted our client and his partner to write letters to the magistrate, explaining the impact that being charged had had on our client, the steps he had taken to educate himself about appropriate methods of discipline, and what would happen if he were to have a criminal conviction on his record.

What was the result?

The submissons were presented to the magistrate who was ultimately persuaded that our client was a suitable candidate for diversion.

This outcome was very important to our client. Had the request for diversion for Assault With an Instrument was denied and a criminal conviction was recorded, our client would have certainly lost his employment.