(1) In exercising its discretion whether or not to record a conviction, a court must have regard to all the circumstances of the case including—
(a) the nature of the offence; and
(b) the character and past history of the offender; and
(c) the impact of the recording of a conviction on the offender's economic or social well‑being or on his or her employment prospects.
(2) Except as otherwise provided by this or any other Act, a finding of guilt without the recording of a conviction must not be taken to be a conviction for any purpose.
(3) A finding of guilt without the recording of a conviction—
(a) does not prevent a court from making any other order that it is authorised to make in consequence of the finding by this or any other Act;
(b) has the same effect as if one had been recorded for the purpose of—
(i) appeals against sentence; or
S. 8(3)(b)(ii) amended by No. 65/2011 s. 6.
(ii) proceedings for variation or contravention of sentence; or
(iii) proceedings against the offender for a subsequent offence; or
(iv) subsequent proceedings against the offender for the same offence.
Pt 3 Div. 1A (Heading and ss 8A–8D) inserted by No. 65/2011 s. 7.
Division 1A—Pre-sentence reports
S. 8A inserted by No. 65/2011 s. 7.