Client facing two charges of theft of property valued at over $1000. It will appear on your criminal record for one year but, after that, you can go through life without disclosing involvement in the criminal justice system and will not be impeded from travelling to the United States. These may include, youth, remorse, efforts to put things right for a victim, or having a disability which may partly explain their conduct any of which may count in favour of a discharge. What is the test to be granted a discharge without conviction? That included making a $1000 donation to the Red Cross for Cyclone Gabrielle relief, stepping away from "self-identified areas of risk" and completing a defensive driving course. Have you recently pleaded guilty or been found guilty of a criminal offence? Sometimes there is public criticism of decisions to grant a discharge without conviction, under section 106 of the Sentencing Act 2002. Causing a disturbance. His lawyer, Ben Alexander, said Solakof had plans to take alternative transport home, but had left his jacket in the vehicle. Mitigating factors may be, conversely, a low breath alcohol reading, being a first-time offender, cooperating with the police, or being genuinely remorseful. The defendant was working full-time while raising her son by herself. I have successfully appealed to the High Court and Court of Appeal the refusal to grant discharge without conviction. It can also include an inability to progress in the applicants current job, travel to certain countries, or obtain employment in general with a criminal conviction. The judge must be satisfied on the evidence that the consequences of conviction will be out of all proportion to the gravity or seriousness of the offence. And the consequences must be out of all proportion to the seriousness of the offence. One of the country's top rugby prospects has admitted drink-driving. This will allow you to keep your criminal record clean. A Dunedin nursing student caught drink-driving in Queenstown has been granted a discharge without conviction because of the likely impact it would have on her career. Note also you can be discharged without conviction even if a Police Diversion has been declined or if you have already been granted a Diversion in the past. Box 301-437North Shore CityAuckland 0752. Detective Sergeant John Gualter will face an employment investigation after he is sentenced on Friday. Direct consequences of a conviction might include loss of a job, exclusion from a profession, or loss of immigration status. A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. Affidavit evidence will be provided by the applicant and this is often supported by their employer or manager to corroborate the impact a conviction will have on them. [She] knows her own mind better than those around her, and [name publication] would have a significant adverse effect on her, Trinder said. overall not substantially helpful". There is a three-stage process that is involved in the application, which we can work through as well as apply our legal research to provide you with the best outcome. These are difficult decisions, not made lightly, and only after careful consideration of all the relevant matters. As Bradley pulled out of a roadside park in Sydney St, she was seen nudging another vehicle by a member of the public, who rang the police. You need a specialist criminal lawyer to navigate your through the process. Her discharge application was advanced on the basis that she and her partner wanted to move to Canada or the United States to live and work. After drinking with friends in central Queenstown, Gonzalez Luiz was shifting her car from Stanley St to Ballarat St, in order to avoid a fine, when she was pulled over by police about 2am. Determine if you are eligible for a discharge without conviction (so to keep your record clean with no conviction) Reduce the stress on you by guiding you every step of the way Reduce the sentence imposed if you are convicted at all (including fines, community work and disqualification periods) . A US Waiver of inadmissibility can be issued for a time frame of one to five years. Our team at Bloem and Associates, criminal defence specialists, are highly skilled and experienced in making these applications to the court for a variety of offences. The purposes ofdiversionare to: address offending behaviour that has resulted in charges. Ms OBrien said police stopped him after watching him walk to a vehicle, get in the drivers seat, start the car and reverse out. The first is a scheme run by the police while the other is in the hands of the courts. Can help apply for a limited licence (NZ work licence) Highly capable of defending all serious traffic offences. When it comes to minor offences, where the consequences of a conviction outweigh the offending, under section 106 of the Sentencing Act 2002 it might be possible to obtain a discharge without conviction. Copyright Bloem & Associates 2020 - All Rights Reserved. The offender is not convicted, and so can present himself or herself as never having committed the offence. Bradley had no previous convictions, and was "absolutely devastated" about her "spontaneous, silly decision" to drive. Determining the seriousness of conduct may include a combination of factors: whether the harm was intended; the type of conduct, and whether the conduct is prolonged or repeated. Sukhraj Singh (30) appeared in the Dunedin District Court last week where his counsel Simon Graham submitted that the offending was at the low end of the scale and, more importantly . Heale said no specific evidence had been provided about the impact of a conviction on the defendant, but he accepted the indirect consequences would outweigh the gravity of her offending. I will draft these affidavits on behalf of both the applicant and their employer with the information provided from each. Cabbies 'coming from the bad side to the good', Visa-holder drove drunk one month into stay, Tenancy law repeal might increase short-term housing, Absentee property owners blamed for Queenstown crisis, Chance to have say on housing action plan, Unexplained death at home of 'quiet and normal family', Tramper rescued from Fiordland National Park, 'No injuries' after three-vehicle collision, Preferred route determined for Taieri cycle trail, Locally built addition to fishing fleet launched at Careys Bay. Simple assault. "He intended to move his vehicle a short distance he moved it within the car park, a matter of a few metres, and was stopped by police.". Leave us a message or get in touch and we will get back to you as soon as possible to discuss your case and offer you a FREE quote for the likely costs. I am the Auckland criminal lawyer you need.. If a person pleads guilty to, or is found guilty of, an offence, usually they are convicted of that offence. Karl Trotter provides legal services across Auckland, Waitakere, Manukau, Papakura and the North Shore. Generally, the more serious the offence, the more serious the consequences need to be to make them out of all proportion to a conviction. He had no prior convictions, had entered a guilty plea at the earliest opportunity and had "self-imposed as much punishment as he can" since. |, Youth Court "Mr White is in fact seeking to gain an advantage over his rivals by being able to conceal a conviction," said the judge. That was because actors with convictions essentially faced blanket bans for TV commercial work, which was the stepping stone to the more lucrative TV series and film industries. A discharge without conviction is a sentencing option that is available to an offender who has pleaded or been found guilty. Feel free to contact our team today to enquire more about your case and let us help you with regards to filing a section 106 application today. "Your first reaction might be, if the level was very high, for example, and the driving very bad, then no way would you want to see that person discharged, but then you don't know the guy, he might have been under stress. Seriousness includes the type of offence committed, the conduct and the consequences for a victim. My client was facing loss of employment and serious problems with obtaining future employment if convicted. While often considered less of a disruption than the other impacts listed above, they remain a real and relevant concern for many. What are the direct and indirect consequences of a conviction? TEVITA LI: The rising Blues star has applied for a discharge without conviction on his drink driving charge. He said he had been drinking with friends the night before but had slept and eaten breakfast the following morning before getting behind the wheel. Porirua District Court yesterday confirmed that an application had been lodged for Gualter for a discharge without conviction under section 106 of the Sentencing Act. The application is considered during sentencing and can prevent a person having a criminal record. This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works. Yes. A common example is where there is a real risk that you will lose your job if you are convicted. But last week, defence counsel Aja Trinder said her client would appeal the suppression decision and filed a memorandum in court seeking continued interim name suppression until the appeal was determined preventing publication of her name. This would mean that the charge will stay on your record until you get a pardon to clear your record or a waiver to travel to the US. You are unlikely to get diversion if you've committed one of the following types of offences: Breach. A discharge without conviction is where you don't receive a conviction despite pleading guilty or being found guilty after trial. When considering this question, a judge will consider factors such as: The purposes of sentencing. Nikolai George Solakof (29), of Wanaka, had earlier admitted driving with a blood alcohol level of 184mg on June 26 last year at Wanakas Eely Point recreation reserve car park. PHOTO: ODT FILES, Police take wind out of sneaker thief's sales, Alleged drink-drivers have licences suspended, Woman facing burglary, shoplifting charges, Parole for ex-social worker who raped girls declined, Spicy food made alcohol interlock malfunction: offender, Member of public took swerving drivers car keys, Shoplifting pair targeted multiple businesses: police, Man facing weapons, drugs charges after car search, Unexplained death at home of 'quiet and normal family', Tramper rescued from Fiordland National Park, 'No injuries' after three-vehicle collision, Preferred route determined for Taieri cycle trail, Locally built addition to fishing fleet launched at Careys Bay. The Clean Slate scheme does protect you against particular convictions in certain circumstances but not necessarily all; there are requirements of which all have to be met in order for this. Mitigating factors that the court will consider include guilty pleas (including how early they are entered), remorse, the likelihood of reoffending, the victims perspective, any consequence already suffered by way of reparation, community work or publicity, youth, previous good character (lack of convictions), completion of any relevant rehabilitative courses (CADS or stopping violence programmes) and any voluntary work that the applicant completes. A discharge can either be absolute or conditional. A Dunedin nursing student caught drink-driving in Queenstown has been granted a discharge without conviction because of the likely impact it would have on her career. Our firm's Principal, Simon Laurent, has much experience in preparing expert evidence on the immigration consequences of a drink-driving conviction. Accidental: happening by chance, unintentionally, or unexpectedly.
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