Victorian Current Acts

SENTENCING ACT 1991 - SECT 8

    (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.