Diversion Notice for Family Violence | Domestic Violence Case Studies

This is a case study involving a diversion notice for family violence.

What is alleged to have occured?
Our client had never been in any form of trouble before. He was in a new relationship with someone from overseas and they became involved in a heated argument that turned physical. It resulted in our client hitting the complainant once with a metal pole. He was charged with Recklessly Cause Injury and Unlawful Assault.

What happened at court?
Our instructions were that the complainant was severely inebriated and had started the argument. Further, it was the complainant who had introduced the weapon into the fight. Police were called shortly after the incident and our client participated in a record of interview where he admitted to hitting his partner.

After meeting with us, we advised the client that he may have a legal defence to his actions, considering that the complainant had introduced the weapon into the fight amongst other factors. The client hadn’t raised the defence in his record of interview. The client was very concerned that he would lose his job should he be found guilty and have a criminal conviction against his name. But we knew that the complainant was overseas and therefore they may likely be unavailable for the hearing.

Therefore we raised the fact that the police may have issues with bringing their case and so we negotiated a diversion notice. We met with the prosecution and sought to have the summary amended to reflect the client’s instructions, in order for the matter to proceed by way of diversion. Note that it is usually difficult to obtain a diversion notice in a family violence matter.

The case was listed for mention and proceeded as a diversion hearing. We acted on the client’s behalf at the Melbourne Magistrates’ Court and tendered extensive supportive material attesting to the client’s good character.

What was the result?
The client was eventually granted diversion. It was imposed with conditions that he complete a Men’s Behavioural Change Program before a certain date and that he make a donation to a foundation.

Elements of Recklessly Cause Injury:
  • The complainant suffered an “injury”.
  • The accused caused the complainant’s injury.
  • The accused was reckless about causing the injury.
  • The accused acted without lawful justification or excuse.
Related case studies
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 25/02/2019