Criminal Damage, Assault Police, Dangerous Driving – Withdrawn, Diversion

Diversion for Criminal DamageOur client was charged with Criminal Damage, Dangerous Driving, Resist Police, Assault Police, and Breach of Bail Conditions. These offences concerned allegations that our client had deliberately rammed her car into her former husband’s car. After being interviewed by the police about the criminal damage, she was released from the police station, but became very depressed and began to drink heavily.

Police attended a short distance from her mother’s home where she was found to be intoxicated and emotionally distraught. Following the delay in arresting her (hence the reason for the assault police/resist police allegations), she was taken into psychiatric care where she remained for 3 weeks.

Our client had a long history of depression and other serious mental health disorders. At the time of her offence, her marriage of 30 years had ended in circumstances where she believed her former husband had betrayed her. She was also heavily intoxicated at the time of her offences. Our client had no prior criminal history

Shaun Pascoe represented the client at the Melbourne Magistrates’ Court.

Following several case conferences, the charges of Drive in a Dangerous Manner and Assault Police were withdrawn. Our client had also escalated her counselling sessions with her treating psychiatrist since the incident. Reports evidencing the significant gains our client had made through regular counselling were obtained.

In addition, several high quality character references were obtained. As the Drive Dangerous charge was withdrawn, the matter was again recommended for diversion through a process of negotiation with the prosecution. This was an exceptional outcome as our client was able to continue her long standing employment as an early childhood educator. She was able to maintain a clean working with children card.

Clearly the outcome was due in large measure to the extensive rehabilitation our client had undergone as evidenced by the substantial material tendered to the magistrate. This outcome would not have been achieved were this material not tendered to the court. The magistrate was ultimately persuaded that despite a concerning set of circumstances, that it was in all the circumstances appropriate to accede to our diversion application.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

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 13/04/2016