Conviction or Non-Conviction – Criminal Law Darwin

Criminal Lawyers Darwin

If you are in the process of being sentenced in the Northern Territory, you need to be aware that the Court has the power to determine whether to record a conviction of not.  

• Section 8 of the Sentencing Act 1995 provides three limbs the Court must give consideration to for the recording of a conviction:  

• Your character, antecedents, age, health or mental condition. 

The Court can consider positive qualities you possess, whether you have any prior convictions, how old you are and any health or mental health conditions you are facing or undergoing treatment for.  

• The extent, if any, to which the offence is of a trivial nature. 

The Court can consider the context of your offence, the impact on others, and how frequent this type of behaviour is within the community.  

• The extent, if any, to which the offence was committed under extenuating circumstances.  

The Court can consider whether there are surrounding factors that can help explain your offending. This can include a medical emergency or a family crisis.  

 In certain circumstances, the Court may consider the impact the recording of a conviction may have on your employment.  

The onus is on you to provide sufficient evidence to the Court for them to consider the impacts on your employment. 

This is particularly important in circumstances where your employment requires certain security clearances to complete your duties, you are unable to carry out employment duties, your career progression will be impacted, or your employment may be at jeopardy because of the recording of a conviction. 

If you are facing sentencing and are concerned about whether a conviction may be recorded, it is important to seek legal advice about your individual circumstances.

Darwin based criminal lawyer Lauren Hooper and our team can help you understand your options and prepare material to put before the Court. 

Reach out to our team for personalised advice and support here.