Diversion for Threats to Kill and Assault Charges

This is a case study on threats to kill and assault charges at the Melbourne Magistrates’ Court, where diversion was granted after persuasive submissions to the magistrate.

What is alleged to have occured?

Our client had an altercation with his ex-partner when he was woken by her during the night. He allegedly slapped her and threatened to kill her when he left the room. He was eventually charged with the following offences:

• Threats to Kill
• Recklessly Cause Injury
• Unlawful Assault

The client denied the threat to kill but accepted that he had slapped her.

What happened at court?

The case was heard at the Melbourne Magistrates’ Court.

Amelia Ramsay made comprehensive submissions in application for diversion with both the informant and prosecutor. This was successful and the matter was recommended for diversion by the prosecutor and was listed for a diversion hearing. Amelia recommended that the client partake in a Men’s Behaviour Change Course and obtain character references in support of his good character.

At first glance, the Magistrate refused to put the client on the diversion program and the matter was referred into court for submissions. We appeared for the client and successfully convinced the Magistrate that the matter was suitable.

What was the result?

His Honour was persuaded and the client was ultimately placed on the diversion program with conditions.

The diversion for Threats to Kill and assault charges allowed the client to avoid a criminal record which may have affected his employment. The outcome was obtained by successful negotiations with the prosecution for a recommendation for diversion and persuasive submissions in court. Advising the client to partake in a Mens Behaviour Change Course was also a determining factor in the matter ultimately being found suitable.