Court: Man Tries To Reject Conditional Discharge
A 21-year-old man appeared in Magistrates Court before Magistrate Khamisi Tokunbo and told the Magistrate that he wanted to reject the Magistrate’s award of a Conditional Discharge for an offence under the Misuse of Drugs Act to which Mr Herbert had earlier plead guilty.
Frank Herbert said that he found the probation conditions attached to the Conditional Discharge to be too onerous to comply with and that he wanted to be fined, so that he end the ‘hassle’.
The Magistrate explained that a Conditional Discharge meant that at the end of the specified twelve month life of the order, there would be no criminal record recorded against Mr Herbert; but that a fine meant a conviction as well as the creation of a permanent record.
Even after being questioned by the Magistrate, Mr Herbert maintained his position that he wanted to be fined – and therefore convicted.
After another exchange between Mr Herbert and the Magistrate, Mr Herbert retained his position that he wanted to be fined. The Magistrate then convicted him and fined him $300. The Magistrate also asked the Duty Counsel to speak to Mr Herbert.
After several other matters had been dealt with, Duty Counsel asked the Magistrate to re-visit the Herbert matter.
The Magistrate did so and Mr Herbert changed his mind and said that he would accept a Conditional Discharge and the probation requirements.
The Magistrate then revoked the fine and criminal conviction and re-set the Conditional Discharge and probation requirements.
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