Diversion for Sexual Assault
Being a professional man, the client was very concerned for his future as a result of the charges being laid before the court. He was also concerned about the sex offender registration implications that may have followed had both charges proceeded.
Dee Giannopoulos represented the client at the Melbourne Magistrates’ Court.
We were able to successfully negotiate with the prosecution by being able to identify the deficiencies with the evidence. The prosecution conceded that only one charge ought to proceed. An application was then made for diversion.
There are many prosecutors who will not allow a recommendation for diversion when the charge is related to sexual assault. This is because of the internal matrix within Victoria Police which stipulates that it is a charge not appropriate for a diversionary outcome. However, this matrix does not take into account the individual circumstances for each case.
If the client had incurred a record or was placed on the register, his future employability would have been in significant jeopardy.
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 05/06/2018