Where a Magistrate has found on the question of guilt that a particular circumstance (such as a medical condition) did not contribute to the commission of the offence, that same circumstance cannot be relied upon as an 'extenuating circumstance' under s 402(1)(b)(iii) of the Crimes Act 1900 (ACT) or as a relevant circumstance of the offence when exercising the discretion not to proceed to conviction. A finding on guilt that rejects a factual basis constrains the matters that can be taken into account at sentencing.
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