Application for discharge without conviction — sentencing — person in charge of motor vehicle caused a bodily injury to a person while under the influence of drink — improper control of vehicle — driving while forbidden — drink driving — rehabilitation — driving without a licence — youth offending — brain development — Sentencing Act 2002, ss 106 & 107. The defendant appeared for sentence on charges of driving while forbidden and causing injury to a person while in control of a motor vehicle and under the influence of alcohol. The defendant had driven with his friends while having no licence and struck the victim with the car. The victim suffered a long term shoulder injury, a facial scar and had to take a month off work. The defendant applied for a discharge without conviction. Under s 107 of the Sentencing Act a Judge may discharge a person without conviction but only if satisfied that the direct and indirect consequences of a conviction will be out of all proportion to the gravity of the offence. The Judge considered the circumstances of the offending were moderate. The defendant could not point to any personal circumstances that would mean a conviction was out of proportion to the offending. The application was declined. The defendant was sentenced to 12 months' intensive supervision and three months' community detention that gave the defendant a curfew over the weekend to try and prevent the defendant from being tempted to drink or re-offend in a similar way. Judgment Date: 8 January 2020.