Our client appeared before the Wyndham Magistrates’ Court facing serious assault and criminal damage charges arising in a family violence context.
Police initially refused to support diversion, meaning our client was facing the prospect of the matter proceeding through the usual criminal process.
Rather than accepting that position, our Criminal Law team carefully reviewed the allegations and entered into detailed negotiations with Prosecution. Through those negotiations, we were able to significantly reshape the allegations and resolve the matter on a basis that made diversion a realistic option.
Following further advocacy, Police ultimately agreed to support diversion and the Court approved the application.
Diversion secured despite the initial Police refusal, giving our client the opportunity to have the charges dismissed without a finding of guilt upon successful completion of the diversion plan.
A great example of why the allegations themselves and how they are negotiated can be just as important as the submissions ultimately made in Court.
