Diversion for Unlawful Assault With a Weapon, Threat Charges Withdrawn

This is a case study on a sentence of diversion for Unlawful Assault With a Weapon and withdrawal of threat charges.

What is alleged to have occured?
Our client’s housemates called the police after he allegedly threatened to kill one of them. The police attended and found our client asleep in his bedroom, arrested him, and subsequently charged him with Threat to Kill, Threat to Inflict Serious Injury, Unlawful Assault With a Weapon, and Unlawful Assault.

The charges of Threat to Kill and Threat to Inflict Serious Criminal Injuries are considered to be serious criminal allegations and both offences carry maximum imprisonment terms of 10 and 5 years respectively. Our client was in his late thirties and had no previous court appearances. He was married and supported his wife and child through his income. He also held a responsible position with a major Victorian university.

What happened at court?
The client did not agree with several aspects of the prosecution case. Of real concern for him was the possible adverse impact of a finding of guilt on his continued employment, even if made without conviction. As several aspects of the prosecution case were disputed by our client, his matter proceeded through the case conference and contest mention stages before being listed for a contested hearing.

We acted on the client’s behalf at the Heidelberg Magistrates’ Court.

An application for diversion was carried out which was made more persuasive by reason of the impressive character references our client had obtained.

What was the result?
On the day the case was to proceed as a contested hearing, the prosecution conceded the matters which were previously in dispute, and the serious indictable charges of Threat to Kill and Threat to Inflict Serious Injury were withdrawn. Ultimately our client received a diversion for Unlawful Assault With a Weapon.

This was an exceptional result for the client as he avoided a finding of guilt for an offence of violence. Consequently, he avoided a criminal record which would have been disastrous for his continued employment.

Elements of Unlawful Assault:
  • The accused applied force to the complainant’s body;
  • The application of force was intentional or reckless; and
  • The application of force was without lawful justification or excuse.
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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 02/08/2019