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Hello Sean, the conviction took place in New South Wales (Hornsby Local Court). I'm not sure about the section of the Act I was charged under. If you can let me know how I can find out this information I'll gladly track that down if that'll give you what you need to give me the best possible answer.
Because it was so many years ago, I don't believe I have any paperwork left that relates to this matter, so what I might do is contact Hornsby court and see if they can provide me with that information. Today is a public holiday so tomorrow would be the earliest I can contact them. I will let you know as soon as I have more information.
Hello, just letting you know I sent an email to Hornsby Court and hopefully they'll respond quickly. When they do, I'll let you know. I'll rate your service when all this is completed, okay? I'll be in touch hopefully before the week is over.
Okay, Hornsby court provided me with the following information: "The Act and Section which you were charged under was Crimes Act 1900Section 117 Shoplifting (Larceny)." They also provided me with a PDF which is titled "Advice of Court Result". If you need any details listed on that PDF, just let me know. I hope this will give you the tools you need to answer my question.
Hi, I have no issues uploading the PDF, but does that mean that everyone who visits justanswer.com can see/download the PDF? I wouldn't want my information freely available for everyone to see for obvious reasons. If you can let me know, that'd be great. An alternative would be that I type up whatever is in the document as that might still give you the information you need without compromising my personal details? Thanks.
Hello, just one last question I suppose. As I mentioned in my original question, I did some research myself prior to using JustAnswer and I came across The Judicial Commission website (http://www.judcom.nsw.gov.au/publications/benchbks/local/Crimes_Act.html). I don't know how official that site is and/or how correct, but they mentioned the following under section 117: 20 pu and/or 2 yrs if value not over $2000. So does that mean that the maximum penalty could only have been 2 years or am I reading it wrong? Could it still have been a 5 year sentence? Both time frames are obviously outside the 1 year mark I was hoping for, and whether the final answer is 2 or 5 perhaps doesn't make a difference for my PR application, but I'd still like to know so I can pass on the correct answer to the US immigration lawyer. If you could have a quick look at the website link I pasted above that'd be great. Thanks.
Hello again Sean, I'm not sure if I can still ask a follow-up question? If not, just let me know. I passed the information you gave me on to the US immigration lawyer but for some reason things are still not clear to him. He wrote: 'I know a local court cannot ever give you more than 2 years. You need to ask a local criminal lawyer this question.' I told him that things might work differently here in Australia compared to the US and I also told him that my understanding is that the maximum sentence the judge at the local court could have given me, had he so desired, was 5 years. The US lawyer replied: 'You simply need to ask: for the offence that you committed, what is the maximum sentence the local court could have given you? I do not believe the answer is 5 years, it could be 1 or 2 however.'
Now, I thought you had already answered this question (I've re-read your answers many times), but maybe I'm missing something. The US lawyer seems to be under the impression that a local court cannot give out anything above a 2 year sentence; that anything over that would have to go through a district court (not sure what the Australian equivalent of that is). If you could assist one last time, that would be greatly appreciated.
Many thanks in advance!