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Case study: Diversion for Trespass

Updated: May 8

Date & location:


May 2020, Glenroy.


Court venue:


Broadmeadows Magistrates' Court.


Facts:


Our client had been separated from his former partner for several years prior to the offence. He was the father of a 5-year boy, and he shared custody of his son with his former partner (complainant). On the day of the offence, our client attended at the home of the complainant to visit his son. An argument developed over the welfare concerns of our client. After several requests were made by our client to enter the complainant's home to wash his hands and say goodbye to his son were refused, he entered her house over her protests. He promptly located his son, said goodbye, and left.


There were no allegations of verbal threats or physical violence towards his former partner. The complainant recorded the entire incident on a mobile phone and told our client at the time that she was recording their conversation.


Police were called, and our client was later interviewed by police. He admitted he had entered the complainant's property without her authority, and that it was a mistake for him to have done so.


He was charged with the summary offence of Trespass under the Summary Offences Act 1966 (Vic).


An intervention order was not sought by the complainant.


How case resolved:


Although the incident was characterized as a family violence incident, the police recommended our client for diversion. A recommendation for diversion for a family violence-related matter is rare.


It was clear that the criminality of the offending was at the lowest end, and our client was clearly remorseful for his behaviour. For these reasons, it is readily understood why the police recommended diversion in the first instance.


Through the diversion process, our client admitted his involvement and pleaded guilty to the offence of Trespass.


Factors relevant to client:


Our client had no previous criminal history, and his previous good character was also able to be demonstrated through several character references that spoke to his dedication as a father to his child and other community involvement.


Our client had an excellent employment history since immigrating to Australia as a teenager.


Outcome:


Our client received a Diversion plan to be of good behaviour for 12 months and to pay $350 to a local charity. This was a pleasing outcome as our client had wanted to ensure that he avoided a criminal record.





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