What are the direct and indirect consequences of a conviction? What is the difference between a discharge without conviction and a diversion? "This is because actors are, by their nature identified with various commercial brands. 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. Copyright | MutchLaw | All right reserved. 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. Drink Driving .org. Discharge without Conviction - iornslegal.co.nz Judges also have options to convict and discharge, or convict and order an offender to come up for sentence if called. This is granting a discharge without conviction. Forums. But Judge Michael Turner said the material was "very broad and lacks specificity . You may be able to apply for a discharge without conviction under section 106 of the Sentencing Act 2002. For example, even if the marijuana was purchased and consumed legally in Canada, Cannabis is a Schedule 1 controlled substance according to US federal law, and the USA border is under federal jurisdiction. Are you going to be sentenced in the near future? At the lower end, but still relevant, is the issue of reputation damage or mental health. General Blog Posts AllCleared Criminal Record Services. While she was satisfied the process would be difficult and uncertain, the community magistrate did not grant a discharge as she did not believe the consequences were out of all proportion to the gravity of the offending, which she had set at just below moderate. Traffic Lawyer Auckland | Traffic Charges Barrister | DS Bradley had no previous convictions, and was "absolutely devastated" about her "spontaneous, silly decision" to drive. The lawyer was fined $400, ordered to pay court costs. Causing a disturbance. The Judge ordered that my client pay emotional harm reparation of $250 to his former flatmate and discharged him without conviction on both charges. Anyonewould be filled with anxiety. Judges also have options to convict and discharge, or convict and order an offender to come up for sentence if called. An excellent criminal lawyer is your best bet to achieve the outcome you need, and thats where I can help. 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.
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