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s 24

Imposition of penalty without conviction

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Part 2Sentencing purposes, principles and factors
Division 2General sentencing provisions
Subdivision 2General sentencing powers

24 Imposition of penalty without conviction

If a court finds a person guilty of an offence for which it proposes to impose a fine, a sentence of community service, or both, and the court is of the opinion—

(a)

that the defendant is unlikely to commit such an offence again;

and

(b)

that, having regard to—

(i)

the character, antecedents, age, or physical or mental condition, of the defendant; or

(ii)

the fact that the offence was trifling; or

(iii)

any other extenuating circumstances, good reason exists for not recording a conviction, the court may impose the penalty without recording a conviction.

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