Nicole was charged with one count of carrying a prohibited weapon into the Frankston Magistrates’ Court. The prohibited weapon was a credit card pen knife that she had left in her bag inadvertently.
During the summary case conference, our lawyer requested that this matter be dealt with by way of diversion. Diversion is when a person takes responsibility for the offending behaviour but must complete the ‘Diversion Plan’ which may include an apology, repayment or drug or mental health treatment, whatever is deemed appropriate taking into account the victim, if there is one, the offender and the offence.
Police prosecutions were of the view that this matter was not suitable for diversion because it was an indictable offence and one which the Court was likely to view very seriously considering the potential public threat to court users. Nevertheless, the Prosecution agreed that we could put our arguments before the Court and leave it to the Magistrates’ discretion.
Our lawyer prepared written submissions and provided them to the court. The matter was decided by the Magistrate in chambers and Nicole is required to be of good behaviour until 25 November 2020.