Case Overview
On Friday, September 13, 2024, the Melbourne Magistrates’ Court granted our client’s application to have his conviction from over a decade ago declared spent under Section 19 of the Spent Convictions Act 2021 (Vic) (‘the Act’). This pivotal decision marks the culmination of a 10-year journey toward rehabilitation and reflects the substantial progress he has made since the conviction.
Background
Our client was originally sentenced for the offence of incitement to murder, a serious violence offence as under the Act. At that time, he was sentenced to a community corrections order, which kept him out of custody and provided a crucial opportunity for reform. After successfully completing this order, the conviction remained on his record. It prevented countless opportunities, including multiple job prospects.
A decade later, with a family of his own, our client returned to Slades and Parsons for assistance. This time, he engaged Catriona Benson to interpret the Act, evaluate his eligibility, analyse his prospects of success, and guide him through the application process.
Challenges and Eligibility
Despite the passage of time, a conviction for a serious violence offence typically remains on record. Section 11 of the Act specifies the circumstances under which an application to the Magistrates’ Court can be made. As an adult convicted of a serious violence offence without receiving a term of imprisonment, our client was eligible for this application.
Not all convictions have this as an available avenue. Notably, Section 11 outlines that adult offenders sentenced to serious violence or sexual offences with a prison term exceeding five years are ineligible for such applications, thus lacking a legislative pathway for having their convictions spent.
Legal Strategy and Application Process
While the offence is inherently serious, Catriona Benson’s assessment revealed there was reasonable basis for optimism, given our client’s lack of subsequent offences, compliance with the community corrections order, and demonstrated personal growth and rehabilitation. These factors aligned with the mandated considerations under section 19 of the Act. She navigated the application process, ensuring compliance with all court requirements, including service of the application to the Chief Commissioner of Police and the Attorney-General.
A Successful Outcome
This decision represents the final chapter in our client’s involvement with the criminal justice system and serves as a testament to the possibility of life after a sentence. We take pride in the successful outcome and are grateful for the trust our client placed in us during these crucial moments in his life.
For further information on the Spent Convictions Act 2021 (Vic) or to discuss how we may assist you, please contact Slades and Parsons.