Intentionally and Recklessly Causing Injury, Unlawful Assault – Diversion

This is a case study on assault charges in the context of family violence.

What is alleged to have occured?
Our client was alleged to have had an altercation with his wife that escalated. Police stated that he grabbed his wife by the front of her top and then slapped her across her face. It was further alleged that he threw her on to the bed and stood over her with a clenched fist, and then subsequently punched her in the face, causing her to fall to the ground and an injury to be sustained.

What happened at court?
The charges filed against him were:

We represented the client at the Ringwood Magistrates’ Court.

Our client had no prior criminal history but had made admissions. We began discussions with the Informant to determine whether he would be willing to recommend our client for diversion. Significant preparation was undertaken to ensure that the Police, Prosecution, and the Court could be satisfied that this behaviour would not occur again.

What was the result?
With persistent contact, thorough reasoning as to why diversion is appropriate, and appropriate materials, our client was ultimately granted diversion by the Court.
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