Withdrawing Aggravated Burglary

Assault in Company and Aggravating BurglaryThis is a case of withdrawing an Aggravated Burglary charge and successfully obtaining a diversion plan for Assault in Company.

Our client had been in a car with a group of friends. They drove to a house where the driver of the car ran into the house and assaulted the person inside. The rest of the passengers remained at the front of the property, some made attempts to enter the house unsuccessfully, and others caused damage to the outside of the house.

The client was charged with Aggravated Burglary (burglary with the intention to assault) and Assault in Company. We acted on the client’s behalf at the Heidelberg Children’s Court.

After negotiations with the prosecution, they conceded that they had no evidence to support a charge of Aggravated Burglary against our client, who had not entered the house. They withdrew the charge and proceeded only on the Assault in Company.

We made submissions about the client’s particular personal circumstances, the way the event unfolded, and the client’s limited involvement. We successfully argued for our client to be given the opportunity to complete a diversion program. The client promised to be of good behaviour for 6 months and to write a letter of apology to the victim. The client satisfied the conditions of the diversion plan and the charge was eventually dismissed leaving no record of the client having been to court, or being charged with this offence.

Withdrawing the Aggravated Burglary charge was especially a crucial part of this case due to the seriousness of the offence. The dismissal of the remaining charge (Assault in Company) and the fact that no criminal record was made against our client ultimately make this a successful case.


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 11/04/2017