Diversion for Recklessly Cause Injury and Assault

Diversion for Recklessly Cause InjuryThis is a case of applying for diversion for Recklessly Cause Injury and Unlawful Assault.

Our client was charged with Recklessly Cause Injury and Unlawful Assault. The facts of the incident were that our client was celebrating with friends at licensed premises following a wedding. An argument ensued between our client and the complainant. Sometime during this incident, our client perceived that he was about to be punched and so he threw a punch which connected with the complainant’s face resulting in a chipped tooth.

During the police investigation, our client gave full cooperation and made full admissions accepting responsibility for the offence. He also expressed genuine remorse. Our client was 27-years-old with no criminal history and has a solid work history as a qualified tradesperson.

Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court. An application for diversion was made to the court.

In our application, several excellent character references were obtained and the referees spoke of our client’s good character and community involvement. It was also highly commendable that our client had sought out psychological counselling to explore the factors which contributed to the offending. A report from the psychologist was tendered to the Magistrate.

The diversion application was successful and our client was required to make a donation to a charity and pay restitution to the complainant for his medical expenses. He was given one month to make the payments. A diversion for Recklessly Cause Injury and Unlawful Assault charges is an especially pleasing result in our client’s case. He was able to avoid any criminal history which could adversely impact his employment prospects and his plans to travel overseas.


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 10/03/2017