Criminal Record
Jul 8th 2006 | 4:45 am
#16
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From: Blighty
Re: Criminal Record
Originally Posted by SunshineGirl
No, it is not. I explained my speeding fine and was told it was NOT a criminal offence but an offence under the RTA. Both my agent and a lawyer that I know agreed.
Eggs actly!!!!
Jul 8th 2006 | 5:16 am
#17
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Joined: Jun 2006
Posts: 271
From: Coomera, GC
Re: Criminal Record
I work with offenders and speeding fines are dealt with by way of your licence by DVLA and the more times you're caught, the more points you get and then you're banned (As we all know! I've got 3 - not proud, but got them none the less!). Drink Driving is a criminal offence, dealt with by the police and the courts and punishable if appropriate by custody. Sometimes the fact that it was a 3 yr ban has little to do with the amount the individual was over the limit, but more to do with the mood the magistrate was in and their subjective opinion on the crime. It shouldn't do - but their sentencing guidelines are wide.
Jul 8th 2006 | 5:22 am
#18
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From: Mountain Creek, Sunshine Coast
Re: Criminal Record
Originally Posted by JosieJ
I work with offenders and speeding fines are dealt with by way of your licence by DVLA and the more times you're caught, the more points you get and then you're banned (As we all know! I've got 3 - not proud, but got them none the less!). Drink Driving is a criminal offence, dealt with by the police and the courts and punishable if appropriate by custody. Sometimes the fact that it was a 3 yr ban has little to do with the amount the individual was over the limit, but more to do with the mood the magistrate was in and their subjective opinion on the crime. It shouldn't do - but their sentencing guidelines are wide.
Personally I don't want alchoholic scumbags living near me. Maybe its best if he stays in the UK and sorts his problems out first.
Remember, it could be you or your child this idiot kills in his car
Jul 8th 2006 | 5:31 am
#19
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Joined: Jun 2006
Posts: 271
From: Coomera, GC
Re: Criminal Record
Originally Posted by kevinbloomfield
Not quite true, the 1st time you get caught for drink driving you get banned for 12 months. As this criminal got banned for 3 years then there must have been other circumstances (ie maybe he was 3 - 4 times over the limit)
Personally I don't want alchoholic scumbags living near me. Maybe its best if he stays in the UK and sorts his problems out first.
Remember, it could be you or your child this idiot kills in his car
Personally I don't want alchoholic scumbags living near me. Maybe its best if he stays in the UK and sorts his problems out first.
Remember, it could be you or your child this idiot kills in his car
True True. I must admit, it's one of my pet hates and i can get really cross when i sit in a pub drinking oj (if i'm driving) and watch all these people downing pints and then getting behind the wheel. Challenged one person once and got assaulted - too scared to pipe up now. however - i wouldn't be in my job if i didn't think people couldn't reform and get another chance at things (i'm a drug worker). I always think there but for the grace of someone upstairs go i.
Jul 8th 2006 | 5:38 am
#20
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From: Mountain Creek, Sunshine Coast
Re: Criminal Record
Originally Posted by JosieJ
True True. I must admit, it's one of my pet hates and i can get really cross when i sit in a pub drinking oj (if i'm driving) and watch all these people downing pints and then getting behind the wheel. Challenged one person once and got assaulted - too scared to pipe up now. however - i wouldn't be in my job if i didn't think people couldn't reform and get another chance at things (i'm a drug worker). I always think there but for the grace of someone upstairs go i.
The weird thing about drink drivers is that they normally live fairly close to the pub. Why don't the brainless idiots walk and then they can drink as much as they like (and hopefully die of kidney disease)
Jul 8th 2006 | 6:00 am
#21
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Joined: Jun 2006
Posts: 271
From: Coomera, GC
Re: Criminal Record
Amazing isn't it. Trouble is alcohol is socially acceptable - does the most damage though to your body though - wierd.
Jul 8th 2006 | 7:12 am
#22
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Joined: May 2006
Posts: 138
From: Melbourne
Re: Criminal Record
Originally Posted by SunshineGirl
No, it is not. I explained my speeding fine and was told it was NOT a criminal offence but an offence under the RTA. Both my agent and a lawyer that I know agreed.
I knew it was way too long since I studied law. Old Hag that I am.
AS far as the original question goes, I think a custodial sentence needs to be declared and I suspect it's at the Departments discretion.
Last edited by baglady; Jul 8th 2006 at 7:22 am.
Jul 8th 2006 | 7:36 am
#23
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Joined: Mar 2006
Posts: 52
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
drink driving as a one off offence would probally be looked over, however, spending time in jail then reoffending generally would be looked at as a negative as it would impact on your character assessment. wouldnt hold much hope of an acceptance on this one. doesnt mean you couldnt ring dimia to ask the question
Jul 8th 2006 | 10:51 am
#24
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Joined: Jan 2006
Posts: 1,177
From: Godzone, utopia, Paradise Island under the sun.
Re: Criminal Record
Originally Posted by storerg
As I understand it, if it is not a custodial sentence then there is no problem. If it is then they look at,
1 How long ago.
2 The severity of the crime.
3 If they have been reformed.
4 If the sentance has been 'spent'
5 The likelyhood that he /she will re offend.
Also note there is a program on Channel 7 at the moment, the story was that a New Zelander came over to Oz and he had a few previous convictions for Robbery, to cut a long story short they gave him him entry because the crime had been comitted 5+ years ago, he was honest wit the officials throughout, hadsome glowing referneces from police and other officials in NZ to show that he had reformed.
The bottom line is they assess the likelyhood of reoffence, so you will need to present your best possible case to convince them that this is unlikely.
1 How long ago.
2 The severity of the crime.
3 If they have been reformed.
4 If the sentance has been 'spent'
5 The likelyhood that he /she will re offend.
Also note there is a program on Channel 7 at the moment, the story was that a New Zelander came over to Oz and he had a few previous convictions for Robbery, to cut a long story short they gave him him entry because the crime had been comitted 5+ years ago, he was honest wit the officials throughout, hadsome glowing referneces from police and other officials in NZ to show that he had reformed.
The bottom line is they assess the likelyhood of reoffence, so you will need to present your best possible case to convince them that this is unlikely.
Jul 8th 2006 | 4:20 pm
#25
Home and Happy
Joined: Dec 2002
Posts: 94,307
From: Keep true friends and puppets close, trust no-one else...
Re: Criminal Record
Drink driving rarely appears on police checks in the uk as it is counted as a driving offence> however< if other offences which are recordable are committed at the same time< or if the offender is imprisoned< then they MAY appear on police checks.
speeding and other motoring offences similarly do not appear unless other recordable offences are committed at the same time.
Current driving bans should appear, but they drop off the record when the ban expires.
Drink driving, and terms of imprisonment are both viewed as serious by DIMA. The best advice would be to consult an agent that has dealt successfully with applications by those with records. Contact someone like George Lombard or Alan Collett who can recommends others if they themselves can`t help.
speeding and other motoring offences similarly do not appear unless other recordable offences are committed at the same time.
Current driving bans should appear, but they drop off the record when the ban expires.
Drink driving, and terms of imprisonment are both viewed as serious by DIMA. The best advice would be to consult an agent that has dealt successfully with applications by those with records. Contact someone like George Lombard or Alan Collett who can recommends others if they themselves can`t help.
Jul 8th 2006 | 7:53 pm
#26
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Joined: Sep 2005
Posts: 1,031
From: Adelaide
Re: Criminal Record
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
If the dates above are correct, that means that he was driving whilst disqualified....................he was fortunate with his last sentence.
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
If the dates above are correct, that means that he was driving whilst disqualified....................he was fortunate with his last sentence.
Jul 8th 2006 | 8:05 pm
#27
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Joined: Jun 2006
Posts: 675
From: ASHBY, Perth.
Re: Criminal Record
Originally Posted by gunnercaz
My brother was out visiting me and would like to come to live in Oz.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
He his a qualified Quantity Surveyor for his trade and Adelaide is his place to start so hopefully visa should not be too hard to get...but he has a 'record' for drink driving and his record is this:
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
Hopefully this doesn't make him out to be Al Capone.
He has been through rehabilitation courses and is now off the booze and his life is now back on track again (thank god).
But will this record stop him looking to immigrate to Adelaide, Australia?
I would like a view point from others who may have had a similar situation themselves and appreciate any view points on this matter?
No point in applying for a perm visa if this 'record' stops him at the very first hurdle.
in oz they take drink driving very serious. 3 years each time and 1 year jail well must have been alot of drink drunk at that time ,this may well cause a lot of problems getting in to oz. as they are very tight on who comes in. you will proberly need lots of evidence to prove he is ok and of the drink and reformed.?? but dont quote me i have never been i this situationbut it hard enough to get in when you are all straight and never had any convictions.
well all the best hope things work out
Dave
Jul 8th 2006 | 10:38 pm
#28
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Joined: Apr 2006
Posts: 827
From: Mount Barker, SA
Re: Criminal Record
Originally Posted by majortom
15th July 1990: Drink Driving: 3 years ban + 1 month jail;
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
If the dates above are correct, that means that he was driving whilst disqualified....................he was fortunate with his last sentence.
28th February 2003: Drink Driving: 3 years ban + 100 hours community service
If the dates above are correct, that means that he was driving whilst disqualified....................he was fortunate with his last sentence.
Surely not? The 3-yr ban expired in 1993. There is nearly 13 years between these offences.
Jul 8th 2006 | 11:29 pm
#29
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Joined: Sep 2005
Posts: 1,031
From: Adelaide
Re: Criminal Record
Originally Posted by Iwannabethere
Surely not? The 3-yr ban expired in 1993. There is nearly 13 years between these offences.
Jul 9th 2006 | 5:23 am
#30
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Joined: Jun 2004
Posts: 1,644
From: Mountain Creek, Sunshine Coast
Re: Criminal Record
Originally Posted by majortom
Of course your quite right........I do apologise to the original poster for my mistake, must have been a mad moment of mine !!!!
I hope you haven't been driving as well!!
