SUCCESS STORY

Victoria

Case Study – Diversion Granted for Family Violence

Woman charged with recklessly causing injury in family violence incident receives diversion without conditions and charge withdrawal. Strategic representation at Geelong Magistrates’ Court resulted in complete discharge with no criminal record for our client.

  • Family Violence

Case Overview

Geelong Magistrates Court 

Charge: Family Violence

Client: Female in their mid-thirties

Our solicitor Mr Elbob made an appearance on behalf of a female in her mid-thirties at the Geelong Magistrates Court.  The Accused was charged with recklessly causing injury which carried a maximum penalty of 5 years imprisonment and unlawful assault which carries a maximum penalty of a fine of $2,726.10 and/or up to 3 months imprisonment.

The case involved an offence committed by our client following a series of disputes with her former partner. The matter involved our client engaging in an altercation with her former partner whereby our client injured her former partner.

As a result of the covid-19 pandemic, the matter was delayed, and this presented a window of opportunity for Mr Elbob to engage in a summary case conference with the Prosecution. Prior to the matter coming before the Court, Mr Elbob engaged in the conference with the Prosecution and detailed our client’s suitability for the Diversion Program. Following the conference, the Prosecution agreed to withdraw the charge of unlawful assault and refer the charge of recklessly cause injury for diversion.

Our representation resulted in the Court granting Diversion without any condition to be completed and our client’s diversion was marked completed and discharged by the Court.

This result was achieved by preparing the case thoroughly.  Mr Elbob paid careful attention to our clients version of events and identified that her former partner was under the influence of alcohol and this ultimately led to the summary of alleged facts being heavily amended in the favour of our client Mr Elbob paid careful attention to our client’s personal circumstances and collected evidence in support of our case that she was an otherwise good person. We relied on the facts presented and were successfully able to present to the Court that our client was remorseful for her actions and had taken considerable steps since the offending to ensure no further repeat of the behaviour. 

This case illustrates the importance of quality representation and the value of a solicitor like Adam Elbob who is dedicated to his clients, and will work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in a client’s favour and achieving the best outcome possible.

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