Diversion Recommendation for Recklessly Cause Injury
This is an assault case involving a diversion recommendation for Recklessly Cause Injury and Discharge Missile to Cause Injury.
Our client was involved in an altercation in a night club. After words were exchanged, he threw a plastic cup at another person in the bar and the victim suffered a cut to the head as a result. Some days following the incident, the client was approached by the victim who attempted to extort money from him for the injury he suffered. The client reported the matter to the police and also made admissions to throwing the plastic cup.
The police originally did not recommend the client for diversion because he initially denied the incident in the night club. It was only after being shown photographs from CCTV that he agreed he was responsible.
Amelia Ramsay represented the client at the Melbourne Magistrates’ Court on the following charges:
- Recklessly Cause Injury
- Discharge Missile to Cause Injury
We negotiated with both the informant and prosecutors at court to have the client recommended for diversion. They were initially reluctant but after being provided with a copy of the statement made by the client in relation to the attempted extortion by the victim, they agreed to make the recommendation.
The matter proceeded by way of diversion hearing. We assisted the client in preparing the written application for diversion and submitted it to the court along with a character reference from the client’s employer. The magistrate was persuaded and ultimately agreed that the matter was appropriate for diversion.
This was a good result: a successful diversion recommendation for Recklessly Cause Injury and Discharge Missile to Cause Injury. Considering the initial stand of the police on the matter, the client could have been sentenced to a harsher penalty.
Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.
Check out Amelia's profile to know more about her legal background and specialisations.
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 12/04/2017