The Magistrate ultimately acquiesced to our submission that a good behaviour bond was the appropriate sentence. The only conditions of the bond were that our client pay $500 to the court fund and be of good behaviour for 12 months. The Magistrate also made the bond without a criminal conviction.

This was a fantastic result for our client, who was given an opportunity that most people charged with such a serious offence would not receive. Had he been only a few months older, our client’s case would have been in the County Court of Victoria, and a term of imprisonment would have been a certainty.

Our client entered into a Diversion Plan to expire in 12 months. He was required to fulfil several conditions at that time, which, if completed, would result in the charge being discharged at the end of the period.

This was a fantastic result for our client, who was given an opportunity that most people charged with affray would not typically receive. Our client initially thought that his options were limited, given that the Diversion Notice was withdrawn by the prosecution in the first instance, and was grateful that we were able to secure him the opportunity to avoid a criminal record.

Our solicitor continued to discuss the charges with the prosecution through case conferences leading up to the contest date. The prosecution was persuaded by our solicitor’s arguments regarding the lack of evidence available to the court and ultimately withdrew all the charges.

Our client and the complainant were grateful that the matter was resolved. They could move forward with their lives together without the burden of participating in a contested hearing.

The value of the Diversion was that it meant the doctor was accepting some responsibility for the offence, albeit based solely on a kiss. Furthermore, the matter would be diverted from the criminal justice system and dismissed once the client complied with the Diversion program. Considering the reduced factual basis and the client’s desire to maintain a clean record, the client opted for Diversion.

The Prosecution filed the Diversion notice, and the matter was resolved on the day of the hearing. The Magistrate ultimately allowed the client to complete a Diversion plan, subject to a set of conditions, within 12 months.

It was a fantastic outcome; the stakes for the doctor were very high. If convicted, he surely would have been precluded from practising as a doctor and, further, from continuing to run his practice.

After hearing oral submissions by our solicitor and reviewing supporting documentation, the Magistrate acknowledged that housing instability and financial limitations were contributing factors for the client’s default on the payment plan. The Magistrate reduced the outstanding amount to $40,000 and ordered that the client pay off the balance by going on a further payment plan.

Upon hearing submissions, the Magistrate was prepared to impose a 12-month Community Correction Order for the client to undertake 100 hours of unpaid community work.

The client accepted this indication, and a formal guilty plea was entered. The client received a 12-month Community Correction Order, requiring him to undertake 100 hours of unpaid community work.