This is a case study on a sentence of Diversion for a laser pointer offence in Victoria, involving unlawful assault of two police officers with a weapon and possession of a prohibited weapon.
What is alleged to have occurred?
Fed up with the constant noise of trucks and aircraft around their home over many years, exacerbating longstanding mental health issues, our client regrettably pointed a laser from their own backyard at an aircraft flying above.
This aircraft turned out to be a police helicopter conducting a priority surveillance operation in the area. Within minutes, our client was swiftly located and arrested by police.
Luckily, our client came and saw us before their police interview, providing us ample time to provide them with interview advice and begin preparing the future conduct of their matter.
Our client was charged with 8 separate offences against two police officers who were in the aircraft. This included prejudice the safe operation of an aircraft, recklessly causing injury, assaulting an emergency worker on duty, possessing a controlled weapon (laser) and unlawful assault with a weapon.
Due to the nature of the charges, our client’s matter was heard in the indictable jurisdiction.
What happened at court?
Following extensive negotiations with the prosecution before Court, we were able to have all indictable offences withdrawn and the matter transferred back down to the summary jurisdiction on the basis of a plea of guilty to the lower-level summary offences.
Prior to the hearing of the matter in the summary jurisdiction, our lawyer conducted further negotiations with the prosecution to obtain their support for Diversion. This was successful and the matter proceeded as a Diversion hearing, a significant outcome given the seriousness typically attached to a laser pointer offence in Victoria.
Diversion is the lowest possible sentencing outcome in Victoria’s criminal justice system. It does not involve a plea of guilty or finding of guilty and does not remain on a criminal record. Read more about Diversion here: https://www.criminal-lawyers.com.au/criminal-penalties/diversion.
Diversion was only made possible due to the extensive preparation conducted in the lead up to Court, ensuring we were able to be in possession of material demonstrating our client’s longstanding mental health challenges, engagement with medical professionals and support of friends and family in the community. It allowed us to place our client’s conduct in the proper context and demonstrate that it was down the lower end of the scale of seriousness when viewed through that lens.
Our lawyer prepared written submissions outlining the reasons for why our client was a suitable candidate for Diversion. The Magistrate read these submissions and material tendered in support. Further submissions were then made orally at Court.
What was the result of the laser pointer offence in Victoria?
Ultimately, the Magistrate placed our client on a 6-month Diversion Plan with various conditions.
Our client was able to walk away from Court and return to their family and work.
Due to the severe dangers involved in interfering with a police aircraft and assaulting police officers whilst on duty, there was a real risk that our client was facing a term of imprisonment. The flow on effects to other parts of our client’s life would have been devastating – employment, family, housing and more.
This made it all the more important that we were proactive in conducting negotiations with the prosecution to ensure our client could receive the best possible outcome.
Seeking advice from a lawyer at the earliest possible stage, even before a police interview, is critical – as this case study shows.
Lachie Davine
Lachie is experienced in a broad range of criminal matters including serious indictable crimes. He has extensive exposure to the County Court’s specialist lists including Koori Court, Drug & Alcohol Treatment Court, and bail services including the Court Integrated Services Program (CISP).Lachie strongly believes that rehabilitative interventions as part of criminal proceedings should be holistic in nature.
View Lachie Davine's profile.
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 21/11/2025
