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Question Details: Is there any precedent for s106 of the Crimes Act? And what factors would the judge take into account when deciding whether a discharge without conviction is appropriate?
Filed under Criminal Law | 3257 View(s)
Community Law Wellington & Hutt Valley
To receive a discharge without conviction you have to show that the consequences of a criminal conviction outweigh the seriousness of your offending.
This is a three step process. The first step for a person charged with an offence is to show why the 'gravity' or seriousness of their offending is low.
The second step is to outline the consequences of a conviction for that person. Common examples are the effect on employment (for example, they might lose their job), travel plans or even mental health. The negative effect of a conviction on someone of a young age has also been something the courts have taken into account.
The third step undertaken by the court is to assess whether the consequences in step two outweigh the offending outlined in step one. If the consequences are far worse than the seriousness of the offending, the court will usually decide to grant a discharge without conviction.
An application for a discharge without conviction is best prepared by an experienced criminal lawyer who can make a formal written application to the court. In some cases you may qualify for legal aid to fund this - click here for information about applying for legal aid:
www.justice.govt.nz
Answered 3 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
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