The Court:
Dandenong Magistrates Court
The Charges
The Allegations
The client was a 23-year-old single mother to a two-year-old child. She was charged with Common Assault after another parent witnessed the client yelling and lightly smacking her two-year-old multiple times at a local park. The parent who witnessed the assault called the police, who attended a short time later.
When being questioned, the client was cooperative with the police, admitted to smacking her daughter out of frustration and expressed significant remorse. The client was subsequently charged with Common Assault.
At Court
The client had no prior criminal convictions, but the offence was aggravating as it involved a very young child.
Our solicitor had lengthy discussions with prosecutors during summary case conferencing to persuade them to recommend Diversion, and we provided significant material in mitigation, including demonstrating that the client was suffering from post-natal depression at the time of offending, and that she had now engaged with a psychologist. The client was also engaged with the Department of Families, Fairness and Housing (DFFH).
After referring this matter to the prosecution’s unit, the Senior Sergeant agreed that it could proceed by way of Diversion and filed a Diversion Notice.
The Outcome
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.
