Charged with a criminal offence? Worried that a recent DUI is going to leave you with a criminal record? There are many criminal offences in Queensland, and it is unlikely that you will go through your entire life without garnering at least a speeding fine, but is that speeding ticket or littering charge going to haunt you for the rest of your days?
A criminal conviction can have significant impacts on your daily life. It can preclude you from travelling to certain countries, limit your employability and impact on your ability to obtain insurance or a mortgage.
We want to take the time to explain which offences will leave you with a criminal record so that you understand what makes a criminal offence in Queensland and how you can avoid a criminal record.
Need representation? Contact us today at Hounsell Cunningham for comprehensive legal advice and representation when it matters.
Do traffic offences give a criminal record?
When you are charged with a traffic offence, it is natural to be concerned about the outcome. In some cases, a traffic offence will result in a criminal record, but this is generally for more serious charges for things like dangerous driving. In most cases, traffic offences are charged under the Transport Operations Road Use Management Act (TORUM) which does not supply a criminal charge.
Things like driving with a relevant drug present or driving under the influence of alcohol, while serious offences, do not necessarily mean that you will have a criminal conviction. But for multiple drink driving charges, or drink driving with aggravating factors, you may be facing a criminal charge.
- While some traffic offences carry a criminal record, others do not, so it’s best to consult with a criminal lawyer to ensure that you know where you stand
- We are experienced criminal lawyers who can provide representation in your matter, whether you are seeking representation in a work licence matter or if you are facing a disqualification for multiple driving offences and wish to minimise the sentence.
Which criminal offences give a criminal record?
There are certain offences in Queensland which carry a mandatory sentence of a period of imprisonment. A mandatory sentence is one which has been prescribed by Parliament when the criminal sentencing legislation was devised. It’s common for the legislation to dictate a minimum sentence and then leave the court to decide the severity of the sentence.
In Queensland, there is also a certain standard for non-parole periods which can apply. If a sentence of imprisonment is imposed then a conviction must be recorded, similarly, if an offender is being sentenced after revoking a community service order, then a conviction must be recorded. Generally, however, it is up to the court whether to decide if they are going to record a conviction for an offence.
In determining whether a person has a conviction recorded against them, even if they plead guilty to an offence, the court must consider a number of factors. These include:
- The nature of the offence;
- The persons age and character;
- The impact that the recording of a conviction will have on a person’s social or economic well-being.
We are here to provide you with representation and assistance in your criminal legal matter and can provide comprehensive guidance, counsel, and representation for whatever charge you are facing. We will advocate on your behalf to ensure that all relevant material is put before the Court to encourage a Magistrate or Judge to not record a conviction against you.
Need representation? Contact us today at Hounsell Cunningham for complete legal advice and representation when it matters.