The Court: Geelong Magistrates Court
The Lawyer: Jess Wensley
The Charge:
The Allegations:
The client was a 25-year-old man celebrating his birthday at the local pub. During the evening, he advised us that he had been drinking excessively and was heavily intoxicated. At approximately 4:20 am, he was on his way home with a group of friends (two other males and a female). He intended to grab some food from 7/11 and go home.
The client and his friends cut through a shopping centre car park. CCTV footage reveals the client screaming and running around with shopping trollies in the underground car park. Security officers then attended the scene and observed our client running into a barrier reel strap and stretching it until it snapped. They approached him and asked him for identification, but he refused to comply. The police were called, attended the scene, and arrested the client. The client cooperated with the police and made full admissions to the offending.
At Court:
Upon reviewing the brief, our solicitor noted that the client had one previous matter (a drink driving charge) from some time ago.
Our solicitor reviewed the material in the brief, including CCTV footage and witness statements, and it was our solicitor’s view that the charge was made out; however, given the client’s lack of criminal history, the matter could be resolved by way of a diversion.
The informant agreed to recommend the client for diversion and filed a diversion notice with the court. Our solicitor attended court with the client and assisted him with the interview with the diversion coordinator.
Supporting documentation was also provided to the diversion coordinator for the Magistrate to consider.
The Outcome:
The matter went before the Magistrate, who agreed that the client should be given an opportunity to participate in a diversion plan. The plan’s conditions included the client donating $150 to a charity and paying $200 to reimburse the victim within 12 months.
Diversion is never guaranteed and is assessed on a case-by-case basis. This was an extremely good result, considering this was not the client’s first court appearance. The client avoided a criminal conviction on his record for this offence.
