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What is the effect of committing another offence during a qualification period?

If a person commits another offence during the qualification period for their first offence, the time that has run towards the qualification period for the first offence is cancelled and the date of the second conviction becomes the new relevant day for the first conviction [s 7(2)]. However, if the second offence is a minor offence, that is, an offence where the defendant is discharged without penalty or receives a fine not exceeding $500, the second conviction will not become the new relevant day for the qualification period starting date [see s 7(4) and s 3 for definition of minor offence]. This means that if a person commits a minor offence during their qualification period, the qualification period will not re-start from the date of the second conviction.

For example: 42 year old Oliver was convicted for a charge of carry an offensive weapon on 12 January 2015. He subsequently commits an offence of disorderly conduct and is convicted of this on 12 January 2021. The time that has run so far in his qualification period for the offensive weapon conviction (6 years) is cancelled and the new relevant day for calculating the qualification period for this offence becomes the date of conviction for the second offence, that is, 12 January 2021 (so it will be 10 years from that date, 12 January 2031). If, however, Oliver had committed a minor offence during the qualification period, the period would not be cancelled and the 10 year period would end on 12 January 2025.

What is the effect of committing another offence during a qualification period?  :  Last Revised: Mon Apr 19th 2021
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