Success Confirming a Diversion in Doubt
Case Overview
Jasper MacCuspie represented a 21-year-old mechanic who worked full time and had no prior convictions or previous trouble with police.
The client had been arrested in 2025 for carrying a prohibited weapon for self-defence purposes. He was originally charged with Possessing Prohibited Weapon and received a Diversion from the Ringwood Magistrates’ Court in August 2025.
The client’s Diversion was subject to a condition that he be of good behaviour for 12 months.
During the Diversion period, the client received a traffic infringement notice for a speeding offence that resulted in the loss of his licence. This would not normally have interfered with the Diversion.
However, the client elected to take the speeding matter to Court in an attempt to challenge the suspension of his licence. That challenge was unsuccessful.
Because the speeding matter was dealt with by the Court, it was recorded as a Court outcome. This breached the conditions of the Diversion, putting the Diversion at risk of being cancelled and the original charge ending up on the client's criminal record.
Defence Strategy
The matter relied wholly on submissions made before the Magistrate that the Diversion should not be cancelled.
The Magistrate was concerned about the seriousness of a speeding offence occurring while the client was on Diversion. Mr MacCuspie ultimately persuaded the Magistrate that the Diversion should still be regarded as completed, given that, had the client not elected to take the speeding matter to Court, it would not have breached the Diversion.
Result
The client's Diversion was signed off and the charge was dismissed, meaning that it will not appear on his record.
This was an excellent result for the client, enabling him to avoid having any priors that will affect future travel or employment.
The client benefited from Mr MacCuspie's oral advocacy skills in convincing the Magistrate to adopt a course other than what they had initially indicated. The outcome was not definite, and the client was able to avoid ending up with a charge on his record.
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.