Discharge without conviction

This outcome means that the court is satisfied that the charge is proven against the federal offender, but will not record a conviction. In order to benefit from this order, the court must be satisfied of two things. Having regard to the either the:

• character, criminal history, age, health or mental condition of the person charged:
• The trivial nature of the offence, or
• Extenuating circumstances to the commission of the offence

it would be inexpedient to inflict any punishment on the offender: s. 19B(1)(b) Crimes Act 1914 (Cth).

If the court is satisfied that is inexpedient to inflict any punishment, it will either dismiss the charge unconditionally, or discharge the person without a conviction on condition they enter into a good behaviour bond for up to three years. Remember, even when discharged without conviction, a court may order restitution if appropriate to the charge.