Discharges without conviction

Being charged with an offence is an overwhelming and difficult experience for anybody. Often, individuals find themselves before the court on a charge (or charges) which will cause significant damage to one, or multiple, aspects of their lives. This damage might be to current or future employment, immigration status, travel, or reputation.

In finely balanced circumstances, these individuals may consider applying to the court for a “discharge without conviction” under section 106 of the Sentencing Act 2002. A discharge without conviction application asks the court to acknowledge that, while an offence was committed, the consequences of a conviction would be "out of all proportion" to the seriousness of the offending.

A successful application is the equivalent of being found "not guilty" at trial (an acquittal). Securing a discharge without conviction requires considerable preparation, experience, and an in-depth understanding of the law, the alleged offending, and the defendant. The Criminal Defence Team at TODD & WALKER Law frequently appears in courts across the South Island and is well-placed to guide you through every step of the process.

If you are considering a discharge without conviction application or need advice in respect of any criminal matter, please contact TODD & WALKER Law’s Criminal Defence Team on 03 441 2743.