Recklessly Cause Injury – Diversion, No Conviction

It was alleged that our client had assaulted his sister in a domestic dispute. He was charged with Recklessly Cause Injury. The matter went to a contested hearing and our client was found guilty. He appealed the finding of guilt.

The matter had been previously adjourned due to the unavailability of evidence. Further, the victim (his sister) did not want the matter to proceed. The appeal against conviction, should it proceed, was only going to make matters worse.

We represented the client for the appeal at the Melbourne County Court.

Experienced Counsel was briefed in the matter and we were able to resolve the matter on the day by way of diversion without criminal conviction. He had already been found guilty in the Magistrates’ Court and been convicted of the offending. This meant that he was able to avoid a criminal record without running the risk of losing the appeal.

The result was a practical solution in all the circumstances for all parties, and most of all, for our client who will not have his future prejudiced by a criminal record.


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