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Discharge Without Conviction

A discharge without conviction the federal equivalent to a section 10. It applies only where an offender has been convicted of a Commonwealth offence. A discharge without conviction means that the court is satisfied that the charge is proven, but will not record a conviction, pursuant to section 19B of the Crimes Act 1914 (Cth).

In order to benefit from this order, the court can have regard to:

  • The character, criminal history, age, health or mental condition of the person charged;
  • The trivial nature of the offence;
  • The extenuating circumstances to the commission of the offence.

If the Court is satisfied that is appropriate to deal with the offence by way of a discharge without conviction, the Court will either dismiss the charge unconditionally, or discharge on the condition that they enter into a good behaviour bond for up to three years.

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