What is a discharge without conviction?Vertical Divider
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A discharge without conviction is where you don’t receive a conviction despite pleading guilty or being found guilty after trial. The Court can use its discretion to discharge without conviction under section 106 of the Sentencing Act 2002. This will allow you to keep your criminal record clean.
A criminal conviction can have a major effect on your future. It may prevent you from getting a job, travelling overseas and give a bad impression of you in any of your future opportunities. A discharge without conviction can prevent this because in law a discharge without conviction is deemed to be an acquittal (a not guilty verdict). |
What are the criteria?Vertical Divider
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The Court balances the seriousness of the offending with the consequences of being convicted and considers whether the consequences are out of all proportion compared to the offending. A common example is where there is a real risk that you will lose your job if you are convicted.
A discharge without conviction gives you a second chance especially if you have made a one off regrettable decision. You can be discharged without conviction even if Police Diversion has been declined if or you have been granted Diversion in the past. Adjourning your case while you complete tasks that demonstrate your remorse may be appropriate to your application. An example could be that you attend counselling to address the cause of your offending such as alcohol/drugs or anger management issues. |
ResultsVertical Divider
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I have successfully obtained discharges without conviction for many of my clients who were facing a variety of charges. I have successfully appealed to the High Court and Court of Appeal the refusal to grant discharge without conviction.
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Useful Tips & AdviceVertical Divider
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What documentation is needed for the application?
Affidavit evidence (a sworn or affirmed statement) from you is needed. Further affidavits and other evidence may be required to support the application. Written submissions are then filed on your behalf setting out why you should be discharged without conviction. Will you organise the application for discharge without conviction for me??
Yes. I will arrange the necessary documentation for your application. I will work with you to help you prepare your affidavit. I will work with you to obtain any other evidence, such as a letter from your employer. The Police have declined me Diversion can I still obtain a discharge without conviction?
Yes. Diversion is a scheme run by the police. Discharge without conviction is a separate matter for the Court. If I plead guilty do I have a better chance of obtaining a discharge without conviction compared to being found guilty after trial?
Yes but it is important to receive legal advice before deciding whether to plead guilty. A guilty plea shows acceptance of responsibility which is a factor that counts in your favour when the Judge determines your application. Can I still get a discharge without conviction if I already have criminal record?
Yes but the Judge will look carefully at this when determining whether to grant your application. |
Example Cases & Successful Outcomes
Discharge Case Example One |
Drink driving charge. If convicted, the client’s employment prospects in the entertainment industry would be severely damaged. The Court agreed that the consequences were out of all proportion to the gravity of the offending and discharged my client without conviction. Permanent name suppression granted.
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Discharge Case Example Two |
Client facing two charges of theft of property valued at over $1000. My young client stole numerous items from his flatmate including a diamond ring valued at $10,000 and stole another person’s bicycle. My client was facing loss of employment and serious problems with obtaining future employment if convicted. All stolen items were returned to the victims after a reward was offered and the police became involved. My client attended a restorative justice conference where he apologised for his offending and attended 50 hours of voluntary community work. The Judge ordered that my client pay emotional harm reparation of $250 to his former flatmate and discharged him without conviction on both charges.
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Discharge Case Example Three |
Male assaults female charge. Argument between client and his partner while they were both in a car. While stopped she proceeded to get out of the car. However, she fell out of the car onto the road as the car began to accelerate. She received injuries as a result of the fall and was taken to hospital. My client would have been unable to work in his chosen industry if convicted. Discharged without conviction after attending anger management counselling.
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