A court exercising power under s 19B(1)(d) of the Crimes Act 1914 (Cth) to discharge an offender without conviction cannot impose a condition requiring the performance of unpaid work or community service, as this constitutes punishment which is only available after conviction under s 20AB. Where such a condition is inextricably linked to the overall sentencing disposition, it cannot be severed, and the entire order must be set aside.
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2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.