A senior police officer who is to be sentenced for drink-driving and dangerous driving has applied for a discharge without conviction. Oliver Jack White (21) son of New Zealand Cricket chief executive David White appeared in the Dunedin District Court this week where his Auckland lawyer, Brandyn Gloyn, argued the young player's career hinged on the outcome of his application for a discharge without conviction. Discharge to avoid possible deportation - Otago Daily Times Online News It will not be enough that a consequence might happen because of a conviction. 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. 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. 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. In any case, the relevant period of time must be completed and all conditions met, before you can have the freedom to travel again. Travelling to the US With a Discharge - AllCleared The court will not grant a discharge without conviction unless the presiding Judge is satisfied that the direct and indirect consequences of a conviction for the applicant would be out of all proportion to the gravity of the offence. Generally, the more serious the offence, the more serious the consequences need to be to make them out of all proportion to a conviction. you agree to the conditions of diversion. This is the equivalent to being found not guilty or obtaining an acquittal for an offence. A discharge without conviction is a sentencing option that is available to an offender who has pleaded or been found guilty. 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. Contact us for a free consultation if you need a US Waiver or file purge at 1-866-972-7366. The Police Prosecution Service is responsible for the Police Diversion Policy. Had the defendant been able to show a criminal record would exclude him from future representative honours, a discharge would have been granted, Judge Turner said. Trinder said her client was fully compliant with police and apologetic. No discharge for aspiring cricketer - PressReader 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. Sometimes there is public criticism of decisions to grant a discharge without conviction, under section 106 of the Sentencing Act 2002. 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. What is the difference between a discharge without conviction and a diversion? She recorded a breath-alcohol level of 479mcg. She told police she had consumed two large glasses of wine earlier and was on a return trip from getting her Covid vaccination. "There is no evidence before me that would indicate you have other skills that would enable you to obtain alternative employment.". There were also affidavits from high-ranking officials stressing the adverse implications a conviction would hold for the defendant. When considering this question, a judge will consider factors such as: The purposes of sentencing. Visit image gallery to purchase the image. What's new. Asked whether it was appropriate for police to operate bars, Prime Minister John Key said yesterday he was not sure whether closing police bars would solve the problem of people not taking a responsible attitude to drinking. Essentially, the court needs to decide that the domino effect of a conviction on your life, on balance, is too . The Judge ordered that my client pay emotional harm reparation of $250 to his former flatmate and discharged him without conviction on both charges. If the police declines your diversion, you may still apply for a discharge without conviction. The Clean State only applies to what convictions need to be disclosed for certain purposes. . I will arrange the necessary documentation for your application. This is a high standard. Yes. Further affidavits and other evidence may be required to support the application. Ultimately, there is no guarantee how the American border officials will react when dealing with a Canadian who has received a discharge. He granted the discharge, ordered Bradley to make a $350 charitable donation and disqualified her for six months. 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. A record suspension is only required once you have a conviction that will appear on your criminal record. Lukaszewicz pleaded guilty to drink-driving and, after abandoning a bid for a discharge without conviction, was sentenced to nine months' supervision when he appeared in court last week. She appeared before community magistrate Simon Heale in the Queenstown District Court yesterday. . The Court of Appeal has ruled that evidence obtained by the Police from the Defendants, A former teacher jailed after sexually abusing a 15 year-old is now asking for permanent, A former Child, Youth and Family caregiver will keep his name secret after being accused, ENTER YOUR DETAILS TO GET STARTED RIGHT NOW, P.O. If the police declines your diversion, you may still apply for a . A senior police officer who is to be sentenced for drink-driving and dangerous driving has applied for a discharge without conviction. For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation. The application for a discharge was predicated on the potential impact on Whites cricketing career (or non-sporting employment) and the effect on his ability to travel overseas. drinking at the Royal New Zealand Police College bar in . |, Family Court Protocols, Practice Notes, and Best Practice Guidelines, Day-to-day work of a District Court Judge, Root causes of family violence under judicial spotlight, Home Detention provides real alternative to prison, The role of the jury in a democracy in action, Judicial monitoring provides reassurance for borderline cases, Suppression orders balancing individual and public interests, The civil jurisdiction: a helping hand in resolving disputes, Changing young lives through a focus on the underlying causes of offending, Discharge without conviction: An option not widely understood, Respecting victims in Health and Safety prosecutions, The power of two in making the court day go further, Determining equality of outcome when relationships end. 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. Rising Blues star Tevita Li admits drink driving | Stuff.co.nz In most circumstances, your case will be adjourned while you make your application for a discharge without conviction, and this application may involve undergoing rehabilitation, counselling or other actions that display your regret and acceptance to the court, such as making an early guilty plea or completing voluntary community work. And finally, are the direct and indirect consequences of a conviction out of all proportion to the seriousness of the offence? 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. Ng mihi, Ellen Ministerial Relations and Services Strategy, Governance and Finance DDI: +64 4 918 8800 [1]www.justice . behind the wheel. You are not permitted to download, save or email this image. Drunk driver fails to get discharge without conviction Stuff Neihana Cook was more than triple the drink-drive limit when spotted driving poorly in August. NZ Herald The daughter of a High Court judge, who overturned the Maori King's son's discharge without. Examples of aggravating factors relating to offending for a drink driving charge may be a high breath alcohol reading or erratic/dangerous driving. If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so. Latest drink driving news aggregated from. Discharge without Conviction - iornslegal.co.nz In a case where you do not meet the conditions of the probation or commit another offence during the probation period, you will be returned to court, have the discharge cancelled, and receive a criminal conviction for the sentence and the breach of probation. A common example is where there is a real risk that you will lose your job if you are convicted. When a person gets a criminal record it does not go away. If a person pleads guilty to, or is found guilty of, an offence, usually they are convicted of that offence. A discharge can either be absolute or conditional. Experienced lawyer working across all Auckland courts. 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. First, the court will look at any aggravating and/or mitigating factors of the offending. In such a case, the best solution would be to submit a US Entry Waiver application and receive permission from the United States Department of Homeland Security. All stolen items were returned to the victims after a reward was offered and the police became involved. A discharge without conviction is where you don't receive a conviction despite pleading guilty or being found guilty after trial. A discharge without conviction is a discretionary course of action contained in the Sentencing Act 2002 that the Court may adopt to avoid imposing a conviction. The offender is not convicted, and so can present himself or herself as never having committed the offence. Simple assault. * Drink-driver who caused motorcycle crash discharged without conviction After falling asleep at the wheel, Rapira's van, which belonged to Box Office Boxing New Plymouth, hit a parked car . Interim name suppression was lifted when she appeared in the district court on Tuesday. Said Trinder: There will be a real and appreciative risk she will face difficulties entering Canada and the United States and passing the bar.. Civil Court Sometimes the potentially An excellent criminal lawyer is your best bet to achieve the outcome you need, and thats where I can help. 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 | MutchLaw | All right reserved. For example, rehabilitation may count in favour of a discharge, but protecting the public, or a victim, may count against it. If this threshold has been met, the Judge then has jurisdiction to exercise their discretion to discharge an applicant without conviction. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. He said he had been drinking with friends the night before but had slept and eaten breakfast the following morning before getting. By a "very narrow margin" she was convinced to grant the discharge. 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. This is often based on the affidavit evidence that is filed by me on the applicants behalf in advance of the hearing, and its important to note that a guilty plea must be entered by the applicant to the charge before a future application hearing can be sought. You still run the risk of being turned away even if you have received a pardon from the Canadian Government since the United States does not recognize Canadian pardons. He granted the discharge, ordered her to make a $400 charitable donation and disqualified her for six months. This could be moderate but will differ depending on the seriousness and characteristics of the charge. 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. And the consequences must be out of all proportion to the seriousness of the offence. You may be able to apply for a discharge without conviction under section 106 of the Sentencing Act 2002. The woman was stopped at a police checkpoint in Avonside in July and recorded a breath-alcohol level of 494mcg. +64 27 4484 984. New posts Search forums. But there was no evidence of that before the court. The convictions remain for life. Affidavit evidence (a sworn or affirmed statement) from you is needed. In many cases, the penalties associated with drink .