Intentionally and Recklessly Cause Injury, Unlawful Assault – Diversion

This is a case study involving family violence offences that resulted in a diversion.
Our client had been charged with assaulting his wife and was charged with intentionally causing injury and recklessly causing injury. The allegation was that he punched his wife to the arm causing injury. He also faced a charge of unlawful assault.

Our client had never been in trouble before and disputed the allegations. He was very concerned about how this can impact his employment as he was worried that any criminal record would effect the licence he was required to hold for his job.
We represented the client at the Sunshine Magistrates’ Court.

We requested the brief of evidence and listened to the record of interview. We wrote to the prosecution requesting for the charges to be dropped given a number of factors in the case; including the delay in the complaint made, an active intervention order between the parties, and the fact that the victim did not want the matter to proceed, and other matters. The police prosecution initially refused the request and would only accept a charge of intentionally causing injury. The solicitor attended on the first court date and had a further case conference with the prosecution. After further negotiations, the police prosecution agreed to only proceed with an unlawful assault charge and would recommend to a diversion.

The remaining issue was whether this would have an impact on the client’s licence. The solicitor wrote to the licensing authority and confirmed that he would indeed have to disclose even a diversion to the authority, but it was concluded that it was unlikely to effect his licence.
The solicitor proceeded with the diversion and assisted in drafting the written notice disclosing the diversion to the licensing authority.

The diversion was a positive result for the client as he avoided a criminal record in the matter, preserved his job, and did not have to contest the charges and further fracture his relationship with the mother of his children.

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