A discharge without conviction under s 19B of the Crimes Act 1914 (Cth) cannot be regarded as equivalent to or more serious than community service, regardless of the conditions attached to the recognizance. In sentencing for corporate offences involving false statements to the ASC, the court must give effect to general deterrence and must appreciate the significance of recording a conviction, including the consequential disqualification from managing a corporation under s 206B of the Corporations Law. The s 19B discretion requires adequate reasons identifying which statutory criterion is relied upon and how the sentencing judge's own findings as to objective seriousness are reconciled with the lenient disposition.
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