The Court: Broadmeadows Magistrates Court
The Lawyer: Mario Saoud
The Charges:
The Allegations:
While travelling around a tight corner in the rain, our client lost traction in his car and hit the side of a parked vehicle, causing minor damage.
The parties exchanged details, and their insurance companies covered all damage; however, a witness reported the incident to police, and our client was charged with Careless Driving as a result.
Our client had pleaded guilty to a careless driving charge only 12 months prior and received a good behaviour bond for that offence, which he complied with. Our solicitor was attempting to obtain a Diversion Order for our client on this new offence based on the argument that the previous offence (for which he was placed on a bond) was far more serious than this one. Our solicitor submitted that, given the significant mitigating circumstances of this newer offence, there was justification for a diversion.
At Court:
The Prosecutor recommended diversion and subsequently filed a diversion notice, allowing the matter to proceed as a diversion hearing.
Upon attendance at the diversion hearing, our solicitor provided the Magistrate with evidence that both our client and the other driver had exchanged details and that all the damage to the other car had been repaired. Our solicitor was then able to successfully argue that the circumstances of the two offences were sufficiently different for the Magistrate to be satisfied that a Diversion Order was an appropriate sentence for the new offending.
Our solicitor was able to successfully submit that the ‘rule’ that diversion is for first-time offenders only is a Magistrates’ Court practice, and this position does not necessarily find support in section 59 of the Criminal Procedure Act 2009. Our solicitor stated that the only thing the legislation requires of the court for diversion to be granted is that the accused acknowledges responsibility for the offence, the police prosecutor consents to the diversion, and that “it appears appropriate to the Magistrates’ Court” that the accused should participate in the program.
The Outcome:
Following lengthy submissions by our solicitor, the Magistrate agreed to place the client on a 12-month diversion program with only two conditions: firstly, to write a letter of gratitude to the informant and secondly, to maintain good behaviour for the duration of the plan.
It was an amazing outcome to be granted a Diversion on a second offence, where the earlier offence was very similar and occurred within such a short timeframe.
