We assisted a first-time offender facing extensive criminal charges to obtain diversion and avoid a criminal record.
At Saundh, Singh & Smith Lawyers, we are committed to helping our clients achieve the best possible outcome, even in challenging circumstances. Recently, we successfully obtained diversion for a client facing serious criminal charges. As a result, our client was able to avoid a criminal record and move forward with their life.
The Situation
In 2018, our client relocated to Australia on a Student visa and began residing in a shared home with three other housemates. Our client formed a close relationship with the other residents of the shared home.
Unbeknownst to our client, however, one of the housemates was operating a fraudulent telephone scam. The scheme involved contacting unsuspecting and vulnerable individuals under false pretences and persuading them to provide sensitive financial information and valuables, including credit cards.
Unfortunately, our client became entangled in this fraudulent scheme and was charged with the following:
- 4x knowingly dealing with proceeds of crime, and
- 1x dealing with property reasonably suspected to be proceeds of crime.
Pursuant to Section 194 of the Crimes Act 1958 (Vic), the maximum penalty for knowingly dealing with proceeds of crime is 20 years of imprisonment.
Pursuant to Section 195 of the Crimes Act 1958 (Vic), the maximum penalty for dealing with property suspected of being proceeds of crime is 2 years of imprisonment.
The Issue
Our client was facing imprisonment, with the charges carrying the potential for a significant term in custody and a substantial criminal record. A conviction of this nature would result in grievous consequences – including the cancellation of our client’s visa and long-term implications for employment, future, and ability to live a fulfilling and stable life.
Overwhelmed by the severity of the situation and unsure of how to navigate the criminal legal system, our client contacted Saundh, Singh & Smith Lawyers for assistance.
Our Approach
From the outset, we identified that the matter was potentially suitable for the Criminal Justice Diversion Program, which was initially introduced in Victoria in 1997 at the Broadmeadows Magistrates’ Court as a pilot program. Now, the diversion program is available to be granted in all the Magistrates’ Courts in Victoria.
To be considered for the diversion, the informant (the police officer/prosecutor) must offer a recommendation for the diversion program to the accused. This recommendation is filed as a Diversion Notice to the Diversion Coordinator, who will present the recommendation to the relevant Magistrate for consideration in chambers (not in open court).
As diversion is typically offered to low-level offenders, our client’s charges did not initially come with an attached diversion notice.
Therefore, we began by preparing a request for diversion to the informant. We conducted a thorough review of the prosecution brief and carefully identified the factual and contextual nuances that would help support our client’s case. Simultaneously, we worked closely with our client to better understand their background, and the cultural, social and personal challenges that contributed to the offending.
Although our client’s situation was complicated and his charges were severe, we ensured that the following factors were brought to the attention of the informant in the request for diversion:
- Our client did not have any prior criminal record(s).
- Our client did not arrange or profit from the telephone scams.
- Our client was heavily influenced and misguided by the housemate to participate in the telephone scams, who exploited our client’s trust and lack of experience navigating life in a new country.
- Our client was remorseful for his actions and did not have any intention of causing harm or committing fraud. Instead, our client’s actions could only be characterised by naivety and emotional immaturity, which led them to trust the wrong people.
- Our client had learned an expensive lesson that Australian laws must be strictly abided by.
- It was very unlikely that our client would undertake similar actions or exhibit similar patterns of behaviour in the future, pointing toward an extremely low likelihood of recidivism.
- A criminal record would have a devastating impact on our client’s otherwise promising future.
To strengthen our client’s case for diversion, we also compiled comprehensive supporting materials, including:
- Evidence that our client was not involved in the running of the greater telephone scam and that his involvement was limited to the few charges.
- Our client’s personal reflections and expressions of remorse.
Throughout the process, we always ensured that our client was supported and informed of the steps being taken. We recognised that the opportunity for diversion was a pathway for meaningful second changes, and our advocacy was based on ensuring that our client was provided with that very same opportunity.
The Outcome
In this case, diversion was granted and formally ordered by the Magistrate.
The Magistrate formally appreciated the extensive work done by our office, which resulted in great relief for our client and a positive outcome.
Our client was placed on a Diversion Plan and has since complied with all the conditions of the Diversion Plan, so that the matter can be struck out at the completion hearing.
Once the Diversion Plan is completed, the charges against our client will be dismissed with no finding of guilt, and no criminal record will be made.
Are you facing serious criminal charges? Do you want to avoid a criminal record?
At Saundh, Singh & Smith Lawyers, it’s possible.
Let’s discuss your options.
