The Court:
Dandenong Children’s Court
The Charges
The Allegations
The client was 15 years of age and was with five friends on a bus heading back home from playing basketball.
The victim was waiting at the bus stop alone when the client and his five friends approached him. An altercation occurred during which the victim was punched and kicked. The victim’s belongings, including his backpack and mobile phone, were taken by one of the co-accused. The entire incident was captured on CCTV footage.
The client was subsequently charged with Affray and Theft along with his five co-offenders.
At Court
The client attended the initial conference with his parents. Our solicitor obtained the brief, which had multiple allegations relating to our client. Upon reviewing the brief, it was apparent that our client’s role in the assault was minor and that he did not take any of the victim’s belongings. It was evident from the CCTV footage that the theft was committed by one of the co-offenders.
Our solicitor negotiated the charges with the prosecutor to have the Theft charge withdrawn. However, although our client had a minor role in the assault of the victim, the CCTV footage did show our client kicking the victim whilst he was on the floor before running off.
Given the client’s age, lack of prior history and good prospects of rehabilitation, our solicitor persuaded the prosecutor to recommend a Diversion. The prosecutor agreed and subsequently recommended our client for a Diversion.
The client was assessed for diversion by Youth Justice, and the matter was adjourned to allow for the preparation of the diversion assessment report.
The Outcome
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.
