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Penalty without conviction

In circumstances where the court is considering the imposition of a fine, community service or both, and the Court considers the defendant is unlikely to commit the offence again and good reason exists for not recording a conviction, it may impose a penalty without recording a conviction [see Sentencing Act 2017 (SA) s 24].

Whether good reason exists is assessed taking into account the character, antecedents, age or physical or mental condition of the defendant, or the fact the offence was trifling, or any other extenuating circumstances [see Sentencing Act 2017 (SA) s 24; and Sentencing chapter for more detailed information].

Penalty without conviction  :  Last Revised: Mon Apr 23rd 2018