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  • Writer's pictureShaun Pascoe

Case study: Diversion for Criminal Damage Charge

In this article, we provide a summary of a recent case heard at Broadmeadows Magistrates' Court where our client received a diversion.


Charges

Criminal damage


Court

Broadmeadows Magistrates' Court - May 2023


Summary of facts

In early September 2021, Our client was driving his car in a Broadmeadows shopping centre carpark when he encountered another vehicle that had cut him off almost causing an accident. Verbal abuse was then exchanged between our client and the other motorist.


After this exchange, our client drove on and parked his car but encountered the complainant again as he walked towards the shop and he was subject to strong verbal abuse.


Our client subsequently used his key to cause damage to the complainant's car whilst the complainant had left their vehicle unattended in the carpark. Our client's actions were observed by a witness who recorded our client's vehicle registration and reported their observations to the police.


Our client was not interviewed for more than 6 months after the incident and made full admissions and was remorseful for his behavior.


Several months after our client was interviewed he was charged with Criminal damage and given a charge and summons to attend Court.


Submission to Police to Recommend Diversion

After considering the brief of evidence and after taking further instructions from our client a detailed written submission was made to the police informant to recommend our client for diversion. The written submission highlighted the following:


- our client's good character as evidenced by no criminal history;

- our client's strong employment record as a healthcare worker

- our client's admissions and remorse in circumstances where there was no CCTV and the matter could have been easily contested (but for his full admissions)

- the impact a finding of guilt would have on his continued employment

- the delay between the incident and the interview and the further delay between the interview and the first mention at Court.

The police informant agreed to recommend our client for a diversion and a diversion notice was filed with the Court.


What happened at Court?

A written application for diversion was lodged with the Court and this included several impressive character references. Our client's application was successful and our client was required as part of the Diversion Plan to be of good behavior for 3 months.

Speak to us and get expert advice

In the above case study, our client was able to avoid a criminal record for a moderately serious example of a criminal damage charge. The prosecution did not initially offer diversion and the outcome achieved was a result of negotiations with the prosecution, and some good material provided by our client. Early preparation is always key to obtaining a good outcome. Don't hesitate to call our office on 9668 7600 or book an appointment through our website. We offer an initial free case assessment and provide fixed fees for court representation.



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