After a lengthy discussion, the prosecutor agreed to withdraw the charge. The client was pleased with the outcome.

This case illustrates the importance of consulting an experienced lawyer early to ensure the best possible outcome. This client almost resolved the matter by way of diversion, which in many cases would be the preferred outcome, but not in this particular instance. Why settle for diversion when you can get an acquittal instead?

The matter went before the Magistrate, who reviewed all the documents, including the diversion questionnaire and supporting material, and heard submissions from our solicitor. The Magistrate then granted the client an opportunity to participate in a diversion program.

Our client was entered into a diversion plan, which was to expire in 12 months. He was required to fulfil several conditions, and if successful, the charge would be discharged at the end of the period.

This was a fantastic result for our client as his situation had changed dramatically following our solicitor’s professional and strong negotiations with the police prosecution. Our client initially thought that his options were limited, given his charges, and he was grateful that we were able to secure him the opportunity of avoiding a criminal record.

Following lengthy submissions by our solicitor, the Magistrate acknowledged the seriousness of the offence but balanced this against the client’s mitigating circumstances. The Magistrate was satisfied that extenuating circumstances existed, placing the client on a no-conviction good behaviour bond. 

This was an extremely lenient outcome given the amount of money taken. The client was very relieved.

The police brief, along with the supporting materials and the notes from the Diversion Coordinator, were then presented to the Magistrate. In this case, notwithstanding the serious nature of the allegations, the Magistrate granted diversion. The charges were then adjourned for the client to complete a Diversion Plan. Once these conditions were met, the charge against our client was struck out. This is a non-disclosable court outcome, which means it does not appear on a police record check.

This was an excellent result as the client avoided a criminal record. A finding of guilt for a sex offence would have had huge ramifications for our client, particularly as he was very young and in the early stages of his University degree.

In sentencing, the Court considered the client’s positive response to the group conference. Given the serious nature of the offences, the client was sentenced to a 6-month probation order. This sentence allows Youth Justice to be involved with the client and provide ongoing support and supervision.

Due to the client’s age, our solicitor submitted to the court that a criminal conviction may have detrimental effects on the client’s future. The Magistrate accepted the submission that a no conviction disposition was appropriate.

This was a fantastic result, given that one of the client’s co-offenders received a prison term.

The matter went before the Magistrate for a Diversion hearing. Following submissions, the Magistrate granted our client a Diversion.

This was a huge win for the client. The difference between a Diversion and a recorded court outcome is enormous. The client escaped with no disclosable record of ever coming to court. Had the client not been represented on the day, it would have been unlikely that the prosecutor would have given another Diversion recommendation.