New South Wales Consolidated Acts
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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 10
Dismissal of charges and conditional discharge of offender
10 Dismissal of charges and conditional discharge of offender
(1) Without proceeding to conviction, a court that finds a person guilty of an
offence may make any one of the following orders:
(a) an order directing that
the relevant charge be dismissed,
(b) an order discharging the person under a
conditional release order (in which case the court proceeds to make a
conditional release order under section 9),
(c) an order discharging the
person on condition that the person enter into an agreement to participate in
an intervention program and to comply with any intervention plan arising out
of the program.
(1A) A reference in any legislation (including this Act) to
an order under this section includes, in the case of an order under subsection
(1) (b), a reference to a conditional release order made under section 9
pursuant to that paragraph.
(2) An order referred to in subsection (1) (b)
may be made if the court is satisfied:
(a) that it is inexpedient to inflict
any punishment (other than nominal punishment) on the person, or
(b) that it
is expedient to discharge the person under a conditional release order.
An order referred to in subsection (1) (c) may be made if the court is
satisfied that it would reduce the likelihood of the person committing
further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1) (c) is subject to Part 8C.
(3) In deciding whether to
make an order referred to in subsection (1), the court is to have regard to
the following factors:
(a) the person's character, antecedents, age, health
and mental condition,
(b) the trivial nature of the offence,
extenuating circumstances in which the offence was committed,
(d) any other
matter that the court thinks proper to consider.
(4) An order under this
section has the same effect as a conviction:
(a) for the purposes of any law
with respect to the revesting or restoring of stolen property, and
the purpose of enabling a court to give directions for compensation under Part
4 of the Victims Compensation Act 1996 , and
(c) for the purpose of enabling
a court to give orders with respect to the restitution or delivery of property
or the payment of money in connection with the restitution or delivery of
Note : Certain other Acts and regulations contain provisions to the
effect that an order under this section made in respect of an offence is to be
treated as a conviction for certain purposes of the legislation concerned.
Accordingly, those provisions apply to an order under subsection (1) (b) in
respect of the offence and a conditional release order made pursuant to that
(5) A person with respect to whom an order under this section is
made has the same right to appeal on the ground that the person is not guilty
of the offence as the person would have had if the person had been convicted
of the offence.
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