Northern Territory Consolidated Acts

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SENTENCING ACT - SECT 8

Conviction or non-conviction

8. Conviction or non-conviction

(1) In deciding whether or not to record a conviction, a court shall have regard to the circumstances of the case including:

(a) the character, antecedents, age, health or mental condition of the offender;

(b) the extent, if any, to which the offence is of a trivial nature; or

(c) the extent, if any, to which the offence was committed under extenuating circumstances.

(2) Except as otherwise provided by this or any other Act, a finding of guilt without the recording of a conviction shall 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; and

(b) has the same effect as if one had been recorded for the purpose of:

(i) appeals against sentence;

(ii) proceedings for variation or breach of sentence;

(iii) proceedings against the offender for a subsequent offence; or

(iv) subsequent proceedings against the offender for the same offence.

Subdivision 1. General



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