A discharge without conviction for offences under s 85(1) of the Crimes Act 1958 (Vic) (publishing misleading written statements as a director) may be within range in highly unusual circumstances, particularly where there has been a very long delay between offence and sentence and compelling evidence of rehabilitation. However, such offences are inherently serious and would ordinarily demand a conviction and significant penalty. The Court declined to provide general guidance on when convictions should or should not be recorded.
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