Thanks for you comments. With this being the first time I have heard of this problem I can only imagine the many number of people who have been charged with shoplifting or other minor crimes, and who wish to enter the USA. I doubt whether they would tick YES on the I94W form. Maybe it would have been better if he had killed someone as the yanks tend to tollerate those actions better. However, back to the subject and as mentioned in the previous post he lodged the application for a visa on advice from his TA simply because he was "charged". He was of the view that as there was no conviction recorded it would be okay, and I thought there would be no problem also.
The are so many confusing aspects with various information contained in different sites.
http://canberra.usembassy.gov/consular/visawaiver.html states: Some travelers are not eligible by law to enter the United States. These include people with certain serious communicable illnesses, criminal records (particularly those involved with drugs), previous deportations from the U.S., certain visa refusals and other problems with U.S. immigration laws or visas. Such travelers may apply for specially annotated visas; but they may not use the visa waiver program. If they attempt to travel visa-free, they will be refused entry into the United States.
As you can see the above information for people "not elibiible" by law to enter the USA include people with CRIMINAL RECORDS, but this kid does NOT have a criminal record because there was no conviction recorded, and he was placed on a 6 month bond under (I believe) Section 10 of the Crimes Act.
http://canberra.usembassy.gov/consular/nivfaq.html states in their Q&A section:
Q: I WAS ARRESTED/CONVICTED YEARS AGO, DO I NEED A VISA?
A: Anyone convicted of or punished for a crime involving moral turpitude (regardless of how long ago or if the conviction was not recorded) is ineligible for the Visa Waiver Program and must apply for a visa. If there is any doubt regarding the nature of the offense, it is advisable to apply for a visa. The applicant submits details as to the court date, the type of offense, and the outcome, usually with a police certificate or court documents. If the police certificate says "no recordable convictions" but the person has committed a crime he or she must seek out court documents. He or she must also include the port of entry and exit to/from the US and the expected dates of travel. This information is in addition to the usual requirements for the type of visa being applied for.
At interview, he provided the US Consulate in Sydney with a copy of his bond notice which stipulated that "no criminal conviction was recorded".
He saw a Lawyer yesterday so we will see what happens, but he is that pissed off at the visa system for such a minor incident he is considering going from Frankfurt to Toronto, Vancouver, Hong Kong and Sydney and bypassing USA completely. Problem solved, so will wait and see.