Therefore, unless the law requires a minimum sentence for an offence, a discharge without conviction may be considered, and regardless of the offenders occupation or status in society. Indirect consequences might include loss of a future career, inability to travel overseas, difficulty getting insurance, and effects on others such as family members or employers. Because the consequences for a Resident of getting a conviction can be significant, there can be some benefit in applying for a 'discharge without conviction'. White, who opened the batting for New Zealand at the under-19 World Cup in South Africa in 2020, was supported in court by Otago Cricket general manager of performance Steve Martin and New Zealand Cricket Players Association personal development manager Greg Dawson. An absolute discharge means you are immediately discharged with no conditions or punishment. In any case, the relevant period of time must be completed and all conditions met, before you can have the freedom to travel again. 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) What is the difference between a discharge without conviction and a diversion? The Police are more likely to offer you diversion if: it is your first offence; you have admitted to committing the offence, and accept responsibility for it; the offence is not a very serious one; and. It means the defendant, although guilty of an offence, will have no criminal record. 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. Reputation and mental health damage are other common results of a criminal conviction. Direct consequences of a conviction might include loss of a job, exclusion from a profession, or loss of immigration status. The aim is to satisfy the presiding Judge that the consequences of a conviction for an applicant are at the higher end, and out of all proportion to the gravity of the offence. Depending on the circumstances, a conviction can lead to immigration (deportation) or loss of employment. 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. I have successfully appealed to the High Court and Court of Appeal the refusal to grant discharge without conviction. Said Trinder: There will be a real and appreciative risk she will face difficulties entering Canada and the United States and passing the bar.. Heale said everything he had heard indicated the defendant lived an "exemplary life", and he accepted she met the criteria for a discharge. Nikolai George Solakof (29), of Wanaka, had earlier admitted driving with a blood alcohol level of 184mg on June 26 last year at . The applicant will provide affidavit evidence, which is often supported by their employer or manager, to corroborate the impact a conviction will have on them. Seriousness includes the type of offence committed, the conduct and the consequences for a victim. On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news. A US Waiver of inadmissibility can be issued for a time frame of one to five years. The offender is not convicted, and so can present himself or herself as never having committed the offence. The judge dismissed the application and fined White $500, along with court costs of $130. Written submissions are then filed on your behalf setting out why you should be discharged without conviction. However, a judge still has discretion not to convict that person. The defendant, who is studying sport science at university in Dunedin, stopped at a police checkpoint at 12.30pm on July 30 last year. Daniel Schellenberg is the traffic lawyer to trust if you need help against any traffic offences including: Drink driving Refusing an officer's request for blood Driving under the influence of drugs Driving whilst incapable Careless driving Dangerous driving Reckless driving Dangerous driving causing death or injury Client facing two charges of theft of property valued at over $1000. "The consequences [of a conviction] cant be rated as anything less than serious," Mr Alexander said. You are not permitted to download, save or email this image. An excellent criminal lawyer is your best bet to achieve the outcome you need, and thats where I can help. A discharge without conviction is available where someone has pleaded or been found guilty. Our team can provide legal advice about your eligibility for diversion and a discharge without conviction. . Isabelle Anne Bradley, 19, applied for the discharge after admitting a charge of drink-driving in Sydney St on June 28. This is a document that grants entry into the United States to a Canadian citizen who has a criminal conviction, discharge or another type of issue, such as a past overstay, that would otherwise hinder their ability to travel. His actions forced a review of the police college's alcohol policy, where he is an instructor, and yesterday the Law Commission renewed a call for police bars to be policed under the Sale of Liquor Act. Because not only can Canadians with a criminal record run the risk of being denied entrance when attempting to travel to the USA, but they can also run into problems when transiting through US airports on their way to another destination. Talk to us at the earliest for the best outcome. How does discharge without conviction work. 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. 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. behind the wheel. In reality, the nature of the charge itself (i.e charges that are drug-related or violent in nature) may be considered by the American border official more than whether the person received a discharge or not. Copyright Bloem & Associates 2020 - All Rights Reserved. For example, a more serious offence (such as a bad assault) may count against a discharge but, strong whnau or community support that makes it unlikely a defendant will offend again may count in favour. An application for a discharge without conviction can be made after a person has pleaded guilty or a trial has occurred and the person has been found guilty. He granted the discharge, ordered Bradley to make a $350 charitable donation and disqualified her for six months. Drink Driving in NZ: Discharge without Conviction & other Information. You are not permitted to download, save or email this image. However, Solakof was disqualified from driving for 28 days and ordered to apply for an alcohol interlock licence and, later, a zero alcohol licence. Even if Police Diversion has been denied, discharge without conviction is possible. Traffic law casesespecially cases involving excess breath or blood alcohol levelsare taken very seriously in NZ. I will arrange the necessary documentation for your application. 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. In many cases, the penalties associated with drink . He went to retrieve it and then realised if he left his car where it was overnight, he would receive an infringement notice. "He accepts he needs to be more vigilant making decisions like he did.". Interim name suppression was lifted when she appeared in the district court on Tuesday. Negligent: failing to take proper care in doing something. The Court balances the seriousness of the offending with the consequences ofbeing convictedand considerswhether the consequences are out of all proportion compared to the offending. overall not substantially helpful". And many people will say that there are no such things as an accidental discharge and that all accidental discharges are actually negligent discharges. I am the Auckland criminal lawyer you need.. You can expect a response by 19/04/2022. While police were opposed to the discharge, Ms OBrien referred to an affidavit from Solakofs agent, Tracy Patel, who confirmed the effective blanket ban. Diversion and Discharge without Conviction are two different opportunities to avoid a criminal conviction. An offence will be viewed more seriously if it has a higher maximum penalty. Meaning that you would need a record suspension to remove this. If the police declines your diversion, you may still apply for a . One of the country's top rugby prospects has admitted drink-driving. A lawyer was caught drink-driving in July after consuming two large glasses of wine. "Miss Bradley is someone who's selfless almost to a fault, and someone who would do anything for anybody," Allan said. For example, rehabilitation may count in favour of a discharge, but protecting the public, or a victim, may count against it. The lawyer was fined $400, ordered to pay court costs. "This is clearly a huge lesson learned for him given the grave consequences that could follow," Mr Gloyn said. In many states, it's possible for a person who's charged with driving under the influence (DUI) to "plea bargain" for a lesser charge. Level 10, Telco Building, 16 Kingston Street, Auckland, Contact me for legal advice on 09 300 7161 or on 027 4484 984, View theFAQspage for answers to some common questions about discharge without conviction. |, Youth Court 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 appeared before community magistrate Simon Heale in the Queenstown District Court yesterday. An absolute or conditional discharge does not result in a criminal conviction, therefore there is no criminal record to suspend or pardon. At the lower end, but still relevant, is the issue of reputation damage or mental health. For a conditional discharge, the record is sealed three years after the date you are sentenced, Check my eligibilityGet a free consultation. Latest drink driving news aggregated from. 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.
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