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Guardian Chambers

Leading sets of criminal defence lawyers in Auckland.

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Applications for Discharge without Conviction

Applications for Discharge without Conviction

We recognise that usually criminal convictions have far-reaching consequences for careers, future travel, immigration status and other types of personal applications, as well as a client’s personal and business reputation.

Sometimes, when the evidence is strong or the likelihood of an acquittal is low, it may be appropriate for a client to plead guilty, and then try to avoid a conviction by their lawyer making an application for a discharge without conviction pursuant to Section 106 of the Sentencing Act.

Such an application will succeed only when the court can be persuaded that the consequences of a criminal conviction outweigh the seriousness of the offence.

Barristers at Guardian Chambers have experience in assessing the chances of success and making applications for clients that they be discharged without conviction. Success in these applications is dependent on the nature of the charge, well-structured and persuasive oral submissions together with thorough written submissions being presented to the sentencing Judge which outline the severe consequences to the client of a criminal conviction.

Guardian Chambers have prepared numerous discharge applications and have had outstanding success in avoiding criminal convictions for their clients.  This has meant the client can honestly place a tick in the ‘no’ box next to the question: “Do you have a criminal conviction?” whether it be contained in a visa application, a job application or any one of other applications they make in the course of their lives.