Diversion for Threats to Kill and Criminal Damage

RemorseThis is a case study on a sentence of diversion for Threats to Kill and Criminal Damage.

Our client resides with his wife, step daughter, and young daughter in a townhouse in the city area. His wife had lived at the address for many years and knew their neighbours quite well. The relationship with the next door neighbours was good until there was a fencing dispute a couple of years back. Since that time, the relationship had soured.

The client was a professional man. One day he had to travel and be away for one week due to work commitments. It was on this particular day when his wife had a verbal dispute with the neighbours over some running water in the front yard. She became quite upset about the dispute and told our client about it when he got back home from his long flight.

In the exhausted state that the client was, he went over to the neighbour to confront her about talking to his wife in a demeaning way. The neighbour would not open the door and our client knocked on the door with such anger that the glass pane in the door broke. Our client’s wife immediately told him to leave and as such he returned to his property. That same afternoon, our client prepared a letter of apology and placed $200 in an envelope which he put in the neighbours letterbox to pay for the damage caused.

The client was charged with Criminal Damage and Threats to Kill and Dee Giannopoulos represented him at the Melbourne Magistrates’ Court.

The matter was recommended for diversion. Our client was a professional and any form of criminal record would have not only made him lose his employment but also have implications on his visa, as he was not an Australian Citizen.

Initially, the client went to court on his own to see if he could obtain the adjournment himself. But he was unfortunately not successful and the diversion was refused. He then came to us to seek advice and representation.

We spoke with the prosecution and ultimately had the charges reduced and the summary altered. As a result, we again applied for diversion for Threats to Kill and Criminal Damage on the client’s behalf. Submissions were made as to the effect a criminal record would have on all aspects of our client’s life. Attention was also drawn to the fact that our client tried to rectify the wrong he had caused almost immediately.

The client had also engaged with a psychologist to develop strategies for coping in stressful situations. Her Honour agreed that our client was the perfect candidate for diversion and that it was clear he had made every possible step to address the issues that led to this situation. As a result, our client remains without a criminal record and he can now move on with his life and career.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’s profile to read more about her 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 06/02/2018