Indecent Assault – Charge Reduced, Diversion

This is a case study involving a charge of Indecent Assault that resulted in a sentence of diversion.
Our client had attended a club and it was alleged he touched a waitress on the bottom. He was charged with indecent assault. The charges were contested and went to a contested hearing. We represented the client at the Sunshine Magistrates’ Court.
Prior to the contested hearing and despite the Prosecution previously not agreeing to this path, he was recommended for diversion on a charge of assault only.
The Prosecution had refused to withdraw the charge of indecent assault and to agree 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