Diversion for Assaulting or Resisting Constables

Police CarThis is a case that involves successfully getting a diversion for Assaulting or Resisting Constables and other charges.

Our client was found by the police in the city urinating against a wall. He was drunk and drug-affected. When questioned, he was uncooperative and unable to speak properly so he was arrested. The police perceived his behaviour as offensive and that he was deliberately trying to deceive them as to his identity. He was subsequently arrested and charged with multiple offences including drug possession, drunk in a public place, resisting arrest, theft, and stating false name and address.

Due to the nature of the charges and the client’s perceived attitude towards the police, they refused to recommend him for the Diversion Program.

We represented the client at the Melbourne Magistrates’ Court for the following charges:

We submitted a detailed written application for diversion to the Melbourne prosecutions team which included the client’s acceptance of responsibility and comprehensive personal circumstances. The prosecutions team was persuaded to recommend the client for diversion. Ultimately, the magistrate also agreed that given the circumstances, a diversion for Assaulting or Resisting Constables and the other charges is appropriate in this case.


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 11/12/2017