Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 8

Conviction or non-conviction

8. Conviction or non-conviction



(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

   (ii) proceedings for variation or breach of sentence; or

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

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





Division 2-Custodial orders

Subdivision (1)-Imprisonment