New South Wales Consolidated Acts
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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 9
Conditional release orders
(1) Instead of imposing a sentence of imprisonment or a fine (or both) on an
offender, a court that finds a person guilty of an offence may make a
conditional release order discharging the offender, if:
(a) the court proceeds
to conviction, or
(b) the court does not proceed to conviction but makes an
order under section 10 (1) (b).
(2) In deciding whether to make a
conditional release order with a conviction, the sentencing court is to have
regard to the following factors:
(a) the person's character, antecedents, age,
health and mental condition,
(b) whether the offence is of a trivial nature,
(c) the extenuating circumstances in which the offence was committed,
other matter that the court thinks proper to consider.
Note : These factors
are considered under section 10 in respect of an order under section 10 (1)
(b) in connection with a conditional release order without a conviction.
To avoid doubt and without limitation:
(a) a fine and a
conditional release order cannot be imposed in relation to the offender in
respect of the same offence, and
(b) a conditional release order with a
conviction may be made as an alternative to imposing a fine.
(4) This section
is subject to the provisions of Part 8.
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