Discharge without conviction
This Outcome Means That The Court Is Satisfied That The Charge Is Proven Against The Federal Offender, But Will Not Record A Conviction. In Order To Benefit From This Order, The Court Must Be Satisfied Of Two Things. Having Regard To The Either The:
- character, criminal history, age, health or mental condition of the person charged:
- The trivial nature of the offence, or
- Extenuating circumstances to the commission of the offence
It would be inexpedient to inflict any punishment on the offender: s. 19B(1)(b) Crimes Act 1914 (Cth).
If the court is satisfied that is inexpedient to inflict any punishment, it will either dismiss the charge unconditionally, or discharge the person without a conviction on condition they enter into a good behaviour bond for up to three years. Remember, even when discharged without conviction, a court may order restitution if appropriate to the charge.
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 criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.