New South Wales Consolidated Acts

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Conditional release orders

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,
(d) any 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.
(3) 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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