Client defeats surprise convictions

Our client, a young 20 year old teaching student with no prior involvement in the criminal justice system, came to us after having a conviction recorded in her absence by the Perth Magistrates Court for a charge of possessing a prohibited weapon. She had not been given notice of her court date, missed the hearing and the court sentenced her in her absence. While she was sentenced to a fine and spent conviction order, which is otherwise a good outcome, our client was studying to be primary school teacher. To be employed as a teacher she needs to be registered with the Teachers Registration Board and apply for a working with children card. The Teachers Registration Board and WA Government have access to an applicant’s spent convictions and can discriminate against an applicant even for a spent conviction. It was important that she has no convictions recorded against her. We successfully applied to the Court to have our client’s conviction set aside. Following this, we entered into negotiations with the prosecution to have our client’s charge discontinued, having regard to a number of public interest factors. The prosecution accepted our submission and the charge was formally discontinued. Our client can now confidently finish her studies knowing her career will not be hindered by any conviction.