Diversion for Indecent Assault – Charge Reduced

This is a case study involving a sentence of diversion for Indecent Assault. The matter was heard at the Magistrates’ Court on a plea of not guilty and where the charge was eventually downgraded.

What is alleged to have occured?
Our client had attended a club and it was alleged that he touched a waitress on the bottom. As a result of this incident, charges were filed against him for the offence of Indecent Assault. These charges were contested and went to a contested hearing at the Sunshine Magistrates’ Court.

What happened at court?
Prior to the contested hearing and despite the Prosecution previously not agreeing to this path, the client was recommended for diversion. The charges of Indecent Assault were downgraded to Assault only and it was for this offence that he was successfully recommended for diversion.

What was the result?
The Prosecution had initially refused to withdraw the charge of Indecent Assault and disagreed to diversion. It was only through contesting the matter and effective negotiations by our firm that were we able to achieve a good outcome. Firstly, the charge was reduced to common law assault and, secondly, diversion was recommended. This ensured that our client does not receive a criminal record on the very serious charge of indecent assault.

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 25/02/2013