A non-conviction order accompanied by a good behaviour order under s 17(2)(b) of the Crimes Sentencing Act 2005 (ACT) does incorporate punishment through s 13 of that Act, and it is an error to characterise such a disposition as not attracting punishment. For stalking offences involving sustained conduct over multiple occasions, use of a motor vehicle, and a family violence context, a non-conviction order will ordinarily be manifestly inadequate absent cogent or compelling circumstances justifying deviation from the ordinary consequence of recording a conviction.
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