South Australian Current Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 16

16—Imposition of penalty without conviction

Where a court finds a person guilty of an offence for which it proposes to impose a fine, a sentence of community service, or both and the court is of the opinion—

            (a)         that the defendant is unlikely to commit such an offence again; and

            (b)         that, having regard to—

                  (i)         the character, antecedents, age or physical or mental condition of the defendant; or

                  (ii)         the fact that the offence was trifling; or

                  (iii)         any other extenuating circumstances,

good reason exists for not recording a conviction,

the court may impose the penalty without recording a conviction.



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