Assault – Diversion

This is a case study on assault charges resulting in a diversion.

What is alleged to have occured?
Our client faced two charges of Assault. She was employed as a Loss Prevention Officer and, while apprehending two alleged offenders, had allegedly punched and scratched the people she had been trying to apprehend. There was video footage of the two assaults. The assaults were aggravated by the fact that they were committed against two women and that one of the women had been holding a baby during the assaults.

What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court

Our client had previously been granted diversion in 2011 for cultivating cannabis, and so the informant had initially said that he would not offer the client a second opportunity at diversion. However, we engaged in discussions with a police prosecutor who ultimately agreed to offer our client diversion. When the police agreed that diversion was appropriate, we still had to convince the magistrate. We filed written submissions in support of the diversion application and attached copies of medical material indicating that our client had been suffering from an acute stress disorder in the weeks preceding the assaults.

What was the result?
His Honour ultimately granted our client diversion with the only condition that she pays $500 to the court fund.
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 21/10/2015