Going Overseas to Avoid Punishment

Running to Overseas to Avoid Conviction

Mr X was summoned to court to appear on a drug trafficking or sexual assault charge. He decided to go overseas. He spent there for 14 years to avoid conviction and then decided to comeback to Australia to face those charges. He lived a very honest life being in good character without any further crime committed by him. Would court consider that he has been in good character for last 14 years and not punish him or be lenient on punishing him?

In R v Alt [2013] QCA 343, this issue was considered. His honour stated, 

It is well established that where delay has been caused by the offender, whether by way of absconding, or simply ignoring the pending proceedings, any consequent rehabilitation is discounted. Thus an offender cannot claim the full benefit of rehabilitation where the freedom used in order to achieve it is freedom that has flowed from the offender’s absconding, or has otherwise been caused by the offender’s own conduct.

[R v Thompson (1987) 37 A Crim R 97, adopted in Shore (1992) 66 A Crim R 37 at 45-46; R v Kukunoski (unreported, New South Wales Court of Criminal Appeal, 17 August 1989) where the delay was caused by the applicant’s election to plead not guilty]

So, what it means is that,  the court most likely will disregard that you have been in good character since your committed the crime if you have any contribution to cause of the delayed proceeding. Proceeding could not start because you decided to run away will not help you to avoid punishment. 

AJ Faisal criminal lawyer Brisbane for corporate fraud or white collar fraud Charges

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

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