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Sentencing options

This topic outlines the factors to consider prior to recommending any of the options set out in section 11 of the Sentencing Act 2002.

The available options are:

  • come up if called upon
  • convict and discharge, and
  • discharge without conviction.
Factors to consider

Keeping in mind the general considerations listed at the front of this section, also consider the following:

  • consequences of no conviction, for example:
    • remains employed - is this appropriate given the charge
    • no record of the conviction could give a skewed view of offending history if future offences are committed.
  • is the recommendation appropriate, given the nature of the offending?

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