New South Wales Consolidated Acts
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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 10
Dismissal of charges and conditional discharge of offender
10 Dismissal of charges and conditional discharge of offender
(1) Without proceeding to conviction, a court that finds a person guilty of an
offence may make any one of the following orders:
(a) an order directing that
the relevant charge be dismissed,
(b) an order discharging the person on
condition that the person enter into a good behaviour bond for a term not
exceeding 2 years,
(c) an order discharging the person on condition that the
person enter into an agreement to participate in an intervention program and
to comply with any intervention plan arising out of the program.
(2) An order
referred to in subsection (1) (b) may be made if the court is satisfied:
that it is inexpedient to inflict any punishment (other than nominal
punishment) on the person, or
(b) that it is expedient to release the person
on a good behaviour bond.
(2A) An order referred to in subsection (1) (c) may
be made if the court is satisfied that it would reduce the likelihood of the
person committing further offences by promoting the treatment or
rehabilitation of the person.
(2B) Subsection (1) (c) is subject to Part 8C.
(3) In deciding whether to make an order referred to in subsection (1), the
court is to have regard to the following factors:
(a) the person’s
character, antecedents, age, health and mental condition,
(b) the trivial
nature of the offence,
(c) the extenuating circumstances in which the offence
(d) any other matter that the court thinks proper to consider.
(4) An order under this section has the same effect as a conviction:
the purposes of any law with respect to the revesting or restoring of stolen
(b) for the purpose of enabling a court to give directions for
compensation under Part 4 of the Victims Compensation Act 1996 , and
the purpose of enabling a court to give orders with respect to the restitution
or delivery of property or the payment of money in connection with the
restitution or delivery of property.
(5) A person with respect to whom an
order under this section is made has the same right to appeal on the ground
that the person is not guilty of the offence as the person would have had if
the person had been convicted of the offence.
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