Karnataka HC: A Neighbour Cannot be Charged With Matrimonial Cruelty under Section 498A IPC  ||  Revisional Power U/S 25B(8) of Delhi Rent Control Act is Supervisory; HC Cannot Revisit Facts  ||  Poverty Cannot Bar Parole; Rajasthan HC Waives Surety For Indigent Life Convict, Sets Guidelines  ||  Delhi High Court: Late Payment of TDS Does Not Absolve Criminal Liability under the Income Tax Act  ||  NCLT Kochi: Avoidance Provisions under Insolvency Code Aim to Restore, Not Punish, Parties  ||  Bombay High Court: In IBC Cases, High Courts Lack Parallel Contempt Jurisdiction over the NCLT  ||  Supreme Court: Concluded Auction Cannot Be Cancelled Merely To Invite Higher Bids at a Later Stage  ||  SC: In Customs Classification, Statutory Tariff Headings and HSN Notes Prevail over Common Parlance  ||  SC: Under the Urban Land Ceiling Act, Notice U/S 10(5) Must be Served on the Person in Possession  ||  Supreme Court: Only Courts May Condone Delay; Tribunals Lack Power Unless Statute Allows    

UK vs. Taylor - (07 May 2021)

Discretion to make a spent conviction order should be regarded as of an exceptional character

Criminal

The Appellant was convicted on 27 October 2020 of breach of bail in Kalgoorlie Magistrates Court. She was fined $100 and ordered to pay costs. The Appellant filed a notice of appeal containing the sole ground that, there was a miscarriage of justice in the failure to grant the Appellant a spent conviction.

The discretion to make a spent conviction order should be regarded as of an exceptional character. The Court must consider, not only from the point of view of the offender, but also from the point of view of the community, why an offender should immediately be relieved of the adverse consequences of a conviction. This may be because the conviction will affect the offender's prospects of employment, would result in exceptional hardship to the offender, or because a spent conviction order will assist in the offender's rehabilitation in a way that accords with the interests of the community.

The Appellant is 18 years of age. She has been accepted into university and plans to begin studying in second semester. While currently unemployed, the Appellant has stated that, she is looking for a job prior to beginning her studies. She has expressed an interest in working in the mining industry during her studies. For a young person, at the beginning of their working life, a conviction may have a detrimental and long lasting impact.

The failure to grant a spent conviction order might deny the Appellant the full benefit of Section 189 and Section 190 of the Young Offenders Act, in circumstances where future employers may infer from the breach of bail conviction that, the Appellant had committed further offences. The Respondent submitted that, it is speculative whether the presence of the conviction would result in hardship in future employment.

The court is required, however, to assess the likely effect of a conviction, and the possible need to disclose it if an order is not made. Finally, the Respondent submitted that the appellant can apply for a spent conviction order under the Spent Convictions Act after 10 years. The legislature has, however, provided for the grant of a spent conviction order at the time of sentencing where the Court considers the offender should be immediately relieved of the adverse consequences of a conviction.

The Appellant is only 18 years old, she attempted to return to Kalgoorlie, and then handed herself into the police station upon her return. She had no criminal record at the time of sentencing, and the alleged offending for which she was on bail was as a young offender. The failure to grant a spent conviction order in these circumstances was a miscarriage of justice. A spent conviction order should necessarily be made. Appeal allowed.

Tags : SPENT CONVICTION   ENTITLEMENT   HARDSHIP  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved