Discharge Without Conviction
Section 106 Discharge in New Zealand
Pursuant to section 106 of the Sentencing Act 2002, a discharge without conviction offers an opportunity for a person to avoid the consequences of a criminal conviction. A discharge can be considered in all cases except for when the law requires a minimum sentence for the offence.
A successful discharge without conviction involves:
- The Court formally discharges the defendant
- The charge being proven (or a guilty plea is entered)
- No conviction is recorded
The three steps the Judge will consider are:
- Identify the gravity of the offence;
- Identify the direct and indirect consequences of a conviction;
- Determine if these direct and indirect consequences are out of proportion to the offence.
Rupert Ward and his team have extensive experience in applications for a discharge without conviction and understands the preparation that is required to prepare an in-depth legal argument.
Contact Rupert Ward, Barrister & Solicitor, for advise on Discharge Without Conviction Applications
Threshold – When Can the Court Grant a Discharge?
There is no guarantee of winning an argument for a discharge without conviction, especially if the police oppose the application. The court may grant a discharge without conviction where the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence. The consequences of a conviction need to be real and disproportionate on your employment, travel, progression registration, or immigration status.
In determining the consequences of a conviction, the court will consider:
- The seriousness of the offending
- Your personal circumstances
- The likely consequences of conviction
- Evidence supporting those consequences
The Court will not grant a discharge for arguments based on inconvenience and speculative consequences; structured evidence must show that a conviction will be disproportionate to the offending.
Common Situations Where a Discharge Is Sought
Discharge without conviction applications commonly arise in cases involving:
- Driving offences
- Minor assault charges
- Regulatory breaches
- First-time offending
- Situations where overseas travel or employment is affected
Strong Preparation Is Essential
It is recommended that preparation for a discharge without conviction starts at the earliest possible moment. It is crucial that all evidence and steps are taken to strengthen your application before presenting it to the Courts. The application decision is not taken lightly, and all relevant matters will be considered, therefore it is crucial that the evidence presents a clear argument for the impact on your personal circumstances.
A successful application usually requires:
- Detailed written submissions
- Supporting documentation
- Evidence of consequences (employment, travel, professional impacts)
- Character references
- Proof of rehabilitation or remedial steps
Rupert prepares applications carefully, ensuring that the legal test is addressed directly and persuasively.
Representation in Christchurch and Throughout New Zealand
Rupert appears regularly in the Christchurch District Court and other courts throughout Canterbury. He also accepts instructions in matters elsewhere in New Zealand where appropriate. Rupert can handle appearances anywhere in New Zealand as remote appearances are possible.
Applications require clear advocacy and careful presentation. A focused, well-prepared approach can significantly improve prospects of success. Rupert Ward has the skills and experience in place to assist you in situations where a discharge may be appropriate.
Contact Rupert Ward for Advice
If you are considering a guilty plea or have been advised that a discharge may be appropriate, it is important to obtain independent advice about your options.
You are welcome to contact Rupert Ward in confidence to discuss your circumstances and whether an application for discharge without conviction is realistic in your case.
Note: This information on this page is accurate as of time of writing (April 2026) and is subject to change as per legal reform and leading decisions. For up-to-date information and analysis of your situation, please fill out the enquiry form above.