Discharge without Conviction

Navigating the Path to a Discharge without Conviction with MK Law

Facing criminal charges in New Zealand can be daunting, and the prospect of a conviction carries significant consequences, especially for those with resident visas. At MK Law, we specialize in the complex process of applying for a discharge without conviction under Section 106 of the Sentencing Act 2002, ensuring your case is handled with the expertise and sensitivity it deserves.

What is Discharge Without Conviction?

A discharge without conviction is a provision in criminal law allowing a court to recognize a person’s guilt while opting not to impose a conviction. This mechanism is based on the principle that, in certain circumstances, the consequences of a conviction far outweigh the severity of the crime committed. It’s designed to mitigate the long-term impact on a person’s life, especially when such an impact is seen as unjust or disproportionate.

A discharge without conviction is not just a legal formality; it’s a lifeline that acknowledges the gravity of an offence while recognising that the repercussions of a conviction may be too severe.

If a discharge without conviction is granted, the individual avoids the formal stigma and many of the legal disabilities associated with a criminal record. It’s important to note, however, that the discharge is not equivalent to a finding of innocence; it is an acknowledgment of guilt without the formal imposition of a conviction.

This legal option is especially crucial for resident visa holders, where a conviction could mean harsh implications like deportation under the Immigration Act 2009.

Our Approach at MK Law

At MK Law, we understand that each case is unique. Our experienced lawyers delve into the specifics of your situation, considering factors like the nature of the offence, its impact on your life, and the disproportionate consequences a conviction might entail. We are committed to guiding you through this balancing act, where the court weighs the offence’s severity against the repercussions of a conviction.

Expert Legal Support for Your Case

Our team is adept at navigating the nuances of both the Sentencing and Immigration Acts. We advocate on your behalf, presenting a comprehensive case to the court about why a conviction in your particular situation would be unduly harsh. 

Contact MK Law Today

If you’re facing the possibility of a conviction and its subsequent impact on your life in New Zealand, MK Law is here to assist. Our expertise in dealing with the complexities of discharge without conviction applications can make a crucial difference in your case. Reach out to us on our Contact Page for expert legal advice and representation.