Use Carriage Service to Menace and Threats to Inflict Serious Injury – Diversion

Our client was charged with Use Carriage Service to Menace and Threats to Inflict Serious Injury. She was 24 years old at the time of the offence and had no prior court appearances.
The factual circumstances of the offence were that our client had sent a series of abusive and threatening text messages to her former friend. The genesis of the hostile behaviour concerned a falling out with her former friend, following the revelation that her boyfriend had been unfaithful.

We acted on the client’s behalf at the Heidelberg Magistrates’ Court.

The aftermath of the incident had an enduring adverse impact on our client, and she had sought counselling to deal with ongoing depression and anxiety. Reports were provided to the court which evidenced her adverse mental health following the incident, but importantly her significant progress since participating in counselling.

Character references were also tendered to the court, which spoke to our client’s previous good character and strong work ethic. Our client was also remorseful for her behaviour and took full responsibility for her actions.

The client was recommended for diversion, and following submissions and the tender of material utilised in mitigation, was successful in this application.

The court was persuaded to grant our client diversion for the charges of Use Carriage Service to Menace and Threats to Inflict Serious Injury. This was an especially pleasing outcome for the client as it enabled her to continue with her plans to re-enter the workforce, and to continue a promising career in nursing unencumbered with a criminal record.
Elements of Threats to Inflict Serious Injury:

  • The accused made a threat to the victim to inflict serious injury upon either the victim or another person.
  • The accused either intended the victim to fear that the threat would be carried out; or was reckless as to whether or not the victim would fear that the threat would be carried out.
  • The threat was made without lawful excuse.

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 09/10/2019