A client faced charges of burglary and common assault. After Tony Beach discussed the charges with police, the burglary charge was withdrawn and a plea of guilty entered to the common assault charge. The judge indicated an application for discharge without conviction would be granted if there was a satisfactory restorative justice conference between the defendant and the complainant. Unfortunately, the complainant left to travel overseas so there was no restorative justice conference. However, the complainant provided an extensive letter to the victim adviser expressing the hope that there would be no conviction for the defendant. At the sentencing the judge accepted that the consequences of a conviction for the defendant would be out of proportion to the gravity of the offending and discharged the defendant without conviction on the remaining common assault charge.

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