At the Diversion Hearing, following submissions by our solicitor, the Magistrate agreed that a Diversion was appropriate in the circumstances and ordered that the client be on a Diversion plan for six months, with the condition that she continue engaging with DFFH and her treating psychologist.

This was an excellent result as it means that the charges will be marked as discharged upon completion of the Diversion plan.

The Magistrate sympathised with the client’s circumstances and sentenced him to a 12-month CCO in combination with a $2,000 fine.

The client was delighted and determined not to re-offend, considering he was now properly educated on the conditions of the intervention order in place.

When the matter returned to court, our solicitor made submissions to the Magistrate and documents, including a letter of apology and character references, were tendered in support of the client. The report from Youth Justice was positive, and the Magistrate, therefore, granted the client an opportunity for a Diversion.

The matter then proceeded as a Diversion hearing, which eventually led to the Magistrate agreeing to grant our client the one opportunity to avoid any record on this occasion. The client was placed on a diversion plan that required him to donate a monetary sum to a charity and write a letter of apology to the victim within 12 months.

It was an excellent result to get the matter down from a sexual assault in the workplace, which could have led to potential loss of employment, down to a Diversion on a common assault without any record. It was a result that came down to close attention to detail of the evidence and careful handling of the negotiations with the prosecution.

Ultimately, the Magistrate agreed with our solicitor’s argument regarding our client’s honest belief and subsequently returned a verdict of not guilty. Costs were ordered in favour of the client.

This was a hugely important case for our client, as his entire livelihood rested on the outcome. It was a great result borne from extensive hard work from start to finish, and it highlights the importance of obtaining specialised legal advice from the outset.

Following submissions, the court was satisfied that a conviction would not be appropriate given the client’s post-offence conduct.

The client received a 12-month non-conviction good behaviour bond. Given that this was a commonwealth offence, a more stringent test applies to achieve a disposition involving a non-conviction.

A non-conviction disposition was a fantastic outcome for the client, as it meant the sentence would be automatically spent under the spent convictions legislation.