Criminal Law
June 6, 2023

The following case study is a real life example where one of our clients received Diversion in the Magistrates’ Court. For further information about Diversion, see our article here.

The Charges

Our client was facing the following charges:

  • Affray;
  • Recklessly Cause Injury;
  • Unlawful Assault; and
  • Wilful Damage.

These charges are very serious and would not normally be suitable for Diversion.

Our client did not have any criminal priors at the time of the offending, which in most cases, is helpful for Diversion to be considered. It was paramount to our client that they avoid a criminal conviction, as regular police checks are a requirement of their occupation.

Successfully completing a Diversion Plan will result in there being no conviction or finding of guilt recorded.

What the police alleged

Our client allegedly assaulted an individual, causing injury and damaging the individual’s phone in the process. The police alleged that this was a group attack.

How Nardi Lawyers helped

As our client came to us with serious charges, we commenced negotiations with the Prosecution seeking to have as many charges withdrawn as possible.

It was our position that the evidence available was not sufficient to satisfy most of the offences.

The matter was unable to resolve at the first Mention hearing, so we progressed the matter to a Contest Mention hearing.

The day prior to the Contest Mention hearing, the Prosecution eventually agreed with our position, and Diversion was recommended.


Our client’s Diversion Application was successful with the conditions being to write a letter of apology and make a $500 donation to the Court fund..

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

Related Articles

Assault Offences in Victoria

Sentences in the Magistrates Court of Victoria


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