The Court: Moorabin Magistrates Court
The Lawyer: Tom Woodward
The Charges:
The Allegations:
The client was at a nightclub and bought three ecstasy tablets. The client was then asked to leave the nightclub for being drunk. The client was found by police semi-conscious on a bench outside, and while police were assisting, the client was searched. The client was charged with Possession of a Drug of Dependence once police found three ecstasy tablets in the client’s pockets.
At Court:
The client had no prior criminal history, although he had previously received a caution for possession of cannabis. Our office asked the informant to recommend Diversion. This program provides mainly first-time offenders with the opportunity to avoid a criminal record by undertaking conditions that benefit the offender, victim, and the community as a whole.
We received the Diversion Notice and had the matter listed in court for a Diversion Application. On arriving at court, our solicitor was advised that one of the prosecutors had withdrawn the Diversion recommendation because the client had previously been given a caution for possession of drugs.
Our solicitor argued that the client cooperated with the police, made full admissions, and the offence was not overly serious. The fact that the client had received a caution previously was irrelevant. After discussions, the prosecutor was persuaded, and a Diversion was again recommended.
The Outcome:
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.
