Appeals against refusal to make a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) are governed by principles equivalent to those for appeals against sentence, including the House v The King framework. The circumstances in which a non-conviction order may be made extend well beyond cases where the conviction might affect career prospects; courts must address all matters in s 17(3) including character, antecedents, seriousness of the offence, and extenuating circumstances. Courts dealing with unrepresented defendants are obliged to give serious consideration to requests to exercise statutory powers such as the non-conviction order power.
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