At EAS Legal, we recently represented a 49-year-old male client before the Melbourne Magistrates’ Court who was charged with criminal damage.
This matter was complicated by the fact that our client had a prior history for the same type of offending. As a result, the Prosecution initially refused to consent to diversion, taking the position that the client was not a suitable candidate given his record.
This placed our client at real risk of a criminal conviction, with all the associated long-term consequences.
Our Approach
Our office took a strategic and persistent approach to the matter.
We prepared detailed submissions addressing:
Importantly, rather than simply accepting the Prosecution’s position, we pressed the matter before the Court, advocating directly to the Magistrate as to why diversion remained appropriate in the circumstances.
The Outcome
Following our submissions, the Magistrate was persuaded by our position and:
As a Result:
Why This Result Matters
Diversion is not automatically available, particularly where a client has a prior history for the same offending.
Securing diversion in these circumstances demonstrates:
More Than Just the Outcome
Cases like this highlight that criminal law is not just about legal arguments — it’s about people, families, and futures.
Behind every matter is a young person whose life can be shaped by the outcome.
Facing Criminal Charges?
If you are facing criminal charges — even with a prior history — there may still be pathways to avoid a conviction.
EAS Legal regularly represents clients in the Melbourne Magistrates’ Court and across Victoria.
