It is up to the court in Victoria to record a conviction or find someone guilty without a conviction. When someone is convicted, it becomes part of their criminal record and needs to be disclosed in several scenarios, such as when they apply to be a police officer or work with children. If someone is found guilty of a crime but not convicted, the finding of guilt is still on their record. However, it does not need to be disclosed in as many situations, so it doesn't have as much of an impact on the person.
Someone with a criminal record might struggle to secure employment, travel, or find accommodation. To avoid the effects of a conviction, get in touch with the skilled lawyers at Josh Smith Legal.
Sentences Without Conviction
In Victoria, a magistrate or judge may consider arguments under Section 8 of the Sentencing Act 1991 and decide not to record a conviction.
A sentence without conviction is a favourable outcome. If the "spent conviction" law doesn't apply, you can say "no" if someone asks if you have ever been convicted of a crime, such as on a job application or a visa application.
A conviction will be "spent" if it is not recorded, and the matter does not involve a "serious violence offence" or a "sexual offence." This means that the conviction will not appear on a criminal record check, and an employer cannot ask about it (though there are some exceptions).
Usually, non-conviction is possible for minor offences and offenders with little or no previous criminal history. However, it is important to remember that a well-prepared plea can influence outcomes.
Extremely serious crimes usually result in a conviction, but it's noteworthy that cases as serious as armed robbery have ended without a conviction.
In practice, it is rare (but not impossible) for a person with a prior conviction to receive a non-conviction, depending on the age of the previous conviction.
For those who receive a sentence with or without conviction, they will still have a criminal record unless the sentence meets the standards of the "spent conviction" law. This is because the individual has been found guilty.
A police record check will still show that the person was found guilty of the crime, even if they were not convicted. This is because the spent conviction law does not apply to non-convictions.
A non-conviction does not automatically mean you do not have a criminal record. A non-conviction in a criminal case will always appear on a person's record unless the spent convictions law applies. People often misunderstand the difference between "conviction vs. no conviction" in criminal law. This confusion can arise from conflating being found guilty after pleading not guilty with being convicted.
How to Achieve a Not-Guilty Verdict After Pleading Guilty
Experienced criminal lawyers will prepare a comprehensive submission to the court in accordance with Section 8 of the Sentencing Act 1991. For example:
- They will consider how to mitigate the seriousness of the offence. This could involve scrutinising the evidence and requesting the prosecution amend the summary of facts. It might also include providing additional context to the judge to show that something that seems very serious on the surface has a less harmful intent.
- They will discuss the defendant’s character and criminal history. They will look for any similar offences in the record, make submissions regarding any rehabilitative steps the defendant has taken, and assist in gathering character references to demonstrate the defendant’s good character. Additionally, if convicted, understanding how to appeal a criminal conviction is crucial for seeking a potential reversal of the decision.
- Lawyers will address the potential social and financial impacts of a sentence. Submissions regarding employment prospects should always be carefully considered before entering a guilty plea.
- Finally, lawyers will consider any other factors that might influence the outcome when requesting a magistrate or judge not to record a conviction. Many lawyers overlook that Section 8's criteria are not exhaustive. These listed factors should be considered when a conviction is being contemplated, but they are not the only factors a magistrate or judge can take into account.
Consequences
Being found guilty of a crime carries serious legal and social consequences for the individual. It can hinder their ability to secure employment, find accommodation, or travel. Understanding what a criminal conviction entails is crucial, as it can significantly impact various aspects of life.
Many employers conduct police checks when hiring. Individuals convicted of certain offences may be barred from working in specific fields, such as law, childcare, or security. A job applicant must consent to a police check, but refusing one might suggest something negative to the employer.
Individuals convicted of certain offences may be denied entry to certain countries. A non-conviction for a crime has less severe implications. For example, a person without a conviction may not have to disclose it when applying for a job or a visa.
Conclusion
In Victoria, understanding the distinction between a conviction and a non-conviction is paramount, as it can significantly influence a person's future job prospects, travel opportunities, and housing options. Engaging a proficient lawyer, such as the experienced practitioners at Josh Smith Legal, can profoundly impact the outcome of a case, potentially leading to a sentence without a conviction and fewer enduring repercussions. Seeking assistance from a professional throughout the intricate legal process ensures that all arguments presented under Section 8 of the Sentencing Act 1991 are articulated accurately, aiming to safeguard the rights and futures of individuals facing criminal charges.
