If an individual has been charged with a criminal offence, they may be eligible for the criminal justice diversion program. This pathway is available in the Magistrate's Court and provides a means to be ‘diverted’ away from the criminal jurisdiction. The program is designed to give offenders an opportunity to avoid a criminal record by fulfilling specific conditions, such as apologising to the victim, making a donation to charity, or undertaking counselling.
Stary Norton Halphen understands the importance of avoiding a criminal conviction whenever possible and has extensive experience in preparing and representing clients in court for diversion applications.
The client was charged with two counts of Criminal Damage pursuant to section 197(1) of the Crimes Act 1958 and two counts of Wilful Damage pursuant to s9(1)(c) of the Summary Offences Act 1966. The client attended the home of their former intimate partner while intoxicated, where they found a piece of wood nearby and struck the front living room window, causing it to break. They then threw the object through the kitchen window while the victim was present in the home.
The client, employed in a professional capacity, was deeply concerned about the potential impact of a criminal record on their future prospects. Although diversion applications related to family violence charges can be challenging, the lawyer successfully negotiated with the prosecution to gain their support for diversion. They submitted written arguments to the prosecution along with supporting materials, including character references and letters from the client’s mental health professionals. Consequently, the prosecution prepared a ‘Diversion notice’, which was filed with the court.
The lawyer attended the Moorabbin Magistrates Court with the client for the diversion application. Prior to the hearing, further dialogue with the prosecution resulted in their agreement to proceed with only one charge of Criminal Damage. The police summary was favourably amended.
In court, oral submissions were presented to the Presiding Magistrate, who considered the client's previous good character, personal circumstances, and demonstrated willingness to engage in ongoing treatment. The Magistrate was persuaded that the client was suitable for the diversion program.
The client was placed on a diversion plan for a period of 12 months. The conditions of the plan included maintaining good behaviour, continuing counselling for mental health treatment, and paying restitution to the victim. Upon successful completion of the plan, the charges were struck out, ensuring that the client has no disclosable criminal record.
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