This is a case study on a sentence of diversion for Use a Carriage Service in a Harassing Manner.
Our client was charged with sending explicit images to an unknown person via social media. He was charged with offences under the Commonwealth legislation as a result. The client was intoxicated at the time of the offending and did not remember sending the images to the complainant. It was not until the police spoke to our client about the images that he discovered what he had sent.
The images were capable of being offensive to the complainant. Therefore, our client accepted responsibility for the charge. The client was applying for a permanent residency visa around the same time the matter was before the court. He was very concerned that by pleading guilty to the charge, he would have a criminal record.
The client came and spoke with us as soon as he was charged. This meant that we could prepare the matter prior to it appearing in court and therefore we could rely on the client's extensive personal material to negotiate diversion.
Greer Boe represented the client at the Melbourne Magistrates' Court on the charge of Use a Carriage Service in a Harassing Manner.
We sought to negotiate a diversion notice with both the informant and the prosecutor prior to the matter appearing at court. At first instance, we were told that they would not recommend the matter for diversion as it was too serious. We therefore sought for the client to prepare character reference letters, engage with a medical professional to address some of the underlining reasons for the offending, and provide evidence of his current visa status. These documents were relied on to further negotiate a diversion notice with the prosecution.
Ultimately, our client successfully received a diversion for Use a Carriage Service in a Harassing Manner from the magistrate at the hearing.
Other related case studies:
- Criminal Damage and Use Telecommunications to Harass
- Withdrawing Charges of Stalking and Using a Carriage Service to Harass
- Using Carriage Service to Harass – Adjourned Undertaking Without Conviction
- Use Carriage Guilty Plea, Stalking Charges Withdrawn/a>
- Use Carriage Service to Menace, Stalking – Charges Withdrawn
Greer has an extensive exposure to indigenous communities and is a fearless advocate. She has been involved in social justice organisations and believes in restorative justice as a pathway to rehabilitation.
Visit Greer's profile to learn more about her.
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 24/08/2018