The Court: Korumburra Magistrates Court
The Lawyer: Hayden Brodie
The Charges:
The Allegations:
Our client was charged with a myriad of assault-related charges relating to an incident that occurred at a pub in regional Victoria.
The allegations were that our client had attended in the company of some friends. It was alleged that his brother was insulted by another individual, whom our client then went to confront.
As a result of that confrontation, our client and this individual were alleged to have started fighting, leading to many other people joining in.
The fight continued to the point where it was alleged that our client armed himself with a pool cue and struck the complainant whilst he was lying down.
The allegations were based on several statements and CCTV footage from the venue.
At Court:
This was a serious incident. Not only is affray a severe charge that used to be heard only in the County Court, but the client was alleged to have armed himself in the course of the fight with a pool cue.
The footage was crucial to this case as the witness accounts were inconsistent.
Upon viewing the footage more closely, it became clear that the police had incorrectly identified the client.
Whilst the client did confront the complainant, he then turned his back and began to walk away when his friend jumped in to assault the complainant.
The friend and the complainant initiated the fight and continued it while others joined in. The client remained on the outskirts for the majority of the incident until he picked up a pool cue. However, he did not strike anyone with the cue and just swung it in the direction of the co-accused.
On this basis, and following extensive negotiations with the prosecution, we were able to amend the summary heavily and petition the prosecution for a diversion, which they recommended.
Diversion is a program for first-time offenders that allows them to avoid any form of criminal record. It essentially means that an offender is diverted out of the court system. It is usually not given or recommended for serious offences.
Once the police informant or the prosecution recommends a diversion, a diversion notice will be filed, and the matter will be listed for a diversion hearing at court. A Magistrate will hear the matter and will either grant a diversion or refuse it.
In this case, due to the client’s limited involvement, we persuaded the prosecution and the court to allow the client to complete the diversion program.
The Outcome:
Our solicitor appeared at court for the diversion hearing and made submissions on behalf of the client. Following submissions, the Magistrate granted the client an opportunity on a diversion plan with specific conditions for six months.
This was a hard-fought case that resulted in an excellent outcome for our client. Thanks to our close attention to detail and forceful negotiations, we were able to help our client keep his criminal record clean by persuading the Magistrate to grant a diversion plan.
If you have been charged with assault-related offences, contact Dribbin & Brown Criminal Lawyers today.
