The Case
Lily Polak represented a 15-year-old client who had no prior involvement with the criminal justice system.
The client faced serious charges, including home invasion, aggravated burglary, intentionally causing injury, damage to property and theft.
Following negotiations with the prosecution, the home invasion charge was withdrawn, and the prosecution agreed to the matter proceeding by way of diversion.
The Challenge
Despite the prosecution agreeing to diversion and the client being assessed as suitable by the Children's Court Diversion Coordinators, the presiding Magistrate initially expressed the view that the seriousness of the charges made diversion inappropriate.
The challenge was to demonstrate that, notwithstanding the nature of the allegations, diversion was an appropriate outcome given the client's young age, lack of prior offending and individual circumstances.
Lily needed to persuade the Magistrate that providing the client with an opportunity to participate in a structured diversion program would be more beneficial than further involvement in the criminal justice system.
The Defence Strategy
Lily made submissions addressing the client's suitability for diversion, emphasising the importance of early intervention and the benefits of diverting a young person with no prior history away from the criminal justice system.
She also outlined the client's personal circumstances and the opportunity for them to take responsibility and engage in a restorative process through a structured diversion plan.
The Magistrate ultimately accepted Lily's submissions and granted diversion, subject to the completion of specified activities.
As part of the plan, the client was required to participate in a restorative Diversion Group Conference, which Lily attended alongside them.
The Outcome
The client successfully completed all requirements of the diversion plan.
Lily returned to court on the scheduled date, where the Magistrate acknowledged the client's progress and commitment to the program. The diversion was marked as complete and all charges were dismissed, with no finding of guilt recorded against the client.
Given the seriousness of the original charges and the Magistrate's initial concerns about granting diversion, this was a significant outcome. It allowed the young client to move forward without a finding of guilt and provided an opportunity to benefit from a restorative process focused on accountability and guidance.
Why Experienced Criminal Defence Matters
The outcome demonstrates the importance of effective advocacy in the Children's Court and recognising that a young person's age, circumstances and prospects for rehabilitation are important considerations when determining an appropriate outcome.
At Stary Norton Halphen & Galbally, our lawyers take a considered approach to criminal matters involving children and young people, identifying opportunities for diversion and presenting submissions that address each client's individual circumstances.
Participation in diversion provides young people with an opportunity to take responsibility, engage in restorative activities and receive support and guidance.
If your child is facing criminal charges, obtaining experienced legal representation early can help you understand the available options and whether diversion may be appropriate in their circumstances.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.