Usually, if a person is found guilty of an offence, they are convicted. However, the judge has the discretion not to convict. This is called a discharge without conviction. It means the defendant, although guilty, will have no criminal record.  

To grant a discharge without conviction the judge must be satisfied on the evidence that the consequence of the conviction would be out of all proportion to the gravity of the offence. 

The indirect consequences of a conviction may include loss of employment, inability to travel overseas for work or education, or loss of immigration status. Depending on your circumstances, these consequences may justify an application for a discharge without conviction.

Our team have significant experience defending careless driving, dangerous driving and reckless driving charges. 

Obtaining legal advice is essential to understand your options. The law recognises that not every motor vehicle accident is a crime. These charges can be successfully defended.  The prosecution’s evidence is often not sufficient to prove the defendant is guilty of the offence they have been charged with.

We provide advice about defending the full range of dishonesty offences ranging from simple theft to complex fraud and white-collar crime. 

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Accusations of dishonesty offences need to be addressed immediately. Your first step should be appointing the right legal representative to ensure the greatest chance of success.

The consequences of a conviction for excess blood or breath alcohol are serious and can range from being fined and/or disqualified from holding a driver's licence to imprisonment. 

We can provide advice about whether any defences are available, whether a discharge without conviction could be available, whether to enter a guilty plea, possible arguments in mitigation of any sentence, and about obtaining a limited licence.

For serious charges (14 years or more) you can choose which legal aid lawyer you want to be assigned to represent you. For all other charges, you normally can not choose which legal aid lawyer is assigned to represent you.

There are only certain circumstances (e.g. if the legal aid lawyer currently represents you or has represented you in the last 2 years) where Legal Aid may choose to assign the lawyer of your choice. Legal aid lawyers are normally assigned on a ‘rotation’ basis.

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If you want to apply for criminal legal aid, a duty lawyer can help you fill in a legal aid form or you can fill in the form yourself and send it to wgncriminallegalaid@justice.govt.nz. A lawyer will then be assigned to you who can provide you with legal advice. For more information, please see the Ministry of Justice website: Legal aid | New Zealand Ministry of Justice