question about convictions

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grasshoper

164 posts

Master Geek

#115167 15-Mar-2013 21:08

Was just reading this article on stuff about the guy who killed two people while 'racing' his car.
http://www.stuff.co.nz/national/crime/8427922/Driver-pleads-guilty-to-killing-girls-in-crash

He is being charged with man slaughter, I thought if you kill/injur someone in a car you are usually charged under the land transport act. Usually something like 'careless/dangerous driving causing injury/death' Why was that not the case here?

Also, is there much of a difference between criminal and traffic convictions? Namely for traveling and applying for jobs. ie some criminal convictions will prevent you from getting into certain countries. Does the same apply for a convcition such as 'careless driving' etc?

I don't have any of said convictions, just genuinely curious as a student in which a conviction would severely hinder my dreams...

scuwp

3885 posts

Uber Geek

#782501 15-Mar-2013 21:20

Manslaughter is brought under the Crimes Act. There are specific criteria around when this charge is used (the are about 10 points that must be proven). It is a step up from the most serious traffic charges under the Land Transport Act.

There is no differentiation between traffic and criminal charges. They are all "convictions" for the purposes of considering someones background. I guess the difference will be in the type of charges and what applicable to your future. For example it is unlikely you would be denied a job in a shop because you have a couple of speeding charges, but if you have dishonesty convictions such as theft then that would be a different story.

I don't know what the criteria would be for entry into another country. The moral I guess is don't commit any crimes and drive safely then you will have no worries.

Lazy is such an ugly word, I prefer to call it selective participation

1080p

1332 posts

Uber Geek
Inactive user

#782621 16-Mar-2013 10:49

I'm guessing there was evidence that what this man was doing was more than simply reckless driving otherwise he would have been charged under the Land Transport Act.

One thing I have always been curious about is the sharing of criminal conviction data with other countries. With the exception of Australia (we have a trial data sharing treaty for potential employers) if you rock up to another country for a visitor's Visa and check the 'no' box when they ask about criminal convictions then under what circumstances would any country be able to investigate further and find out if you had been lying or not?

My guess is that few countries share this kind of data and I am guessing they would be closely related countries (USA, Canada is one I think)

So, unless you need to apply for an actual Visa which requires a criminal history check (and you have a conviction, of course) in your local country (normally for work/extended stay) then you should be fine for a visit. Please correct my assumptions if I'm wrong.

1080p

1332 posts

Uber Geek
Inactive user

#787106 26-Mar-2013 11:28

An exception to my assumption might be the pacific islands that are NZ protectorates (or whatever they are called) as they might share a lot of services with NZ.

Goosey

2830 posts

Uber Geek

Subscriber

#787116 26-Mar-2013 11:34

I'd say the man slaughter charge is justifyied as the driver was over the legal alcohol limit and acted in a way which was more than 'careless use'. They pleaded guilty to this charge of manslaughter. Im sure his lawyer would have argued if that was not the appropriate charge.

In this case it wasnt a simple 'accident'. It was a series of bad judgements which caused this tragedy.