The Court: Ballarat Magistrates Court
The Lawyer: Benjamin Smith
The Charges:
- Stalking
- Install a Listening Device
- Install Tracking Device
The Allegations:
The client had been dating a girl for several years when they both decided to become monogamous. The relationship continued, but the client suspected that his partner was still seeing other people. So, he decided to install tracking software on his partner’s iPhone to determine her location at all times.
Following the installation of the software, the client became aware that his partner was cheating on him by continuously tracking her location. The client eventually confronted his partner, and she admitted that she was cheating. The client forgave her but left the software installed. Despite her assurances to the contrary, she continued to see the other man. When the client confronted her again, she started to wonder how the client was getting his information, so she asked him, and he revealed what he had done: he had installed a tracking and listening device on her phone.
The partner subsequently attended the police station to report the matter to the police. The client was then charged with Stalking, Installing a Tracking Device and Installing a Listening Device.
At Court:
The challenge here for our solicitor was the serious nature of the charges. The client had made admissions to the police in his Record of Interview and had no prior history. Our client was a security guard, and thus, he needed to avoid any recording of a criminal conviction. Upon receiving the brief, our solicitor negotiated the charges with the prosecutor. Our solicitor was successful in having the prosecutor recommend a diversion.
It was challenging to get the client considered for Diversion. It was even more difficult to convince the Magistrate that it was appropriate. Before the court, our solicitor had obtained very helpful psychological material and had the summary amended. The material was tendered to the Magistrate on the day of the diversion hearing.
The Outcome:
Following submissions by our solicitor and upon reviewing the supporting documentation, the Magistrate agreed to provide the client with an opportunity on a diversion plan.
A diversion means no criminal record. It is as though the offence never occurred. The client was eligible for diversion because he made full admissions to the offences, was cooperative with the police and due to the supporting material tendered to the court.
