Our client (OC) was charged with assault following an altercation with another vendor in Melbourne.
There had been ongoing conflict between them. The complainant had engaged in threatening & verbally abusive behaviour towards OC.
He felt intimidated when approached by the complainant & reacted violently in circumstances where he perceived a threat to his safety. CCTV footage captured the physical confrontation & it was unfavourable to OC who punched & knocked him to the ground.
Police ultimately recommended diversion. However, obtaining a diversion was far from guaranteed, as our client had previously been granted a diversion, making a second diversion application significantly more challenging.
It was critical for the defence to present compelling material demonstrating OC’s excellent character, strong work ethic, family commitments, community standing, and otherwise unblemished background.
Through meticulous preparation, persuasive written submissions & strategic highly experienced advocacy before the Magistrates court, Mr Balot successfully secured a 2nd diversion for our client.
This outstanding outcome meant that he avoided a criminal record & was able to continue operating his business in an industry where reputation, trust, & professional integrity are essential. It also enabled him to continue travelling internationally and focus on his future with his young family.
Early intervention is key!