Discharge without conviction


For all commonwealth (federal) offences a court can decide not to record a conviction against an offender. However, for serious corporate crime offences the court is likely to record a conviction.

If the court decides not to record a conviction under section 19B of the Crimes Act there usually will be no fine or other punishment. However the offender may be required to make restitution to any victim for any loss they have suffered.

If the court is satisfied that is not expedient to inflict any form of punishment, it may either dismiss the charge unconditionally, or discharge the person on condition they enter into a good behaviour bond for up to three years.

In deciding whether to deal with an offender under section 19B the court must be satisfied that, having regard to the following,it would be inexpedient to inflict any punishment on the offender:

  • character, criminal history, age, health or mental condition of the person charged:
  • the trivial nature of the offence, or
  • extenuating circumstances

If you would like advice as to your chances of obtaining a non conviction (19B) please contact us on (02) 9261 4555.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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