Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 8

Conviction or non-conviction

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

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

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

        (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 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; and

        (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.



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