Text as at 15 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

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 contravention of sentence; or
S. 8(3)(b)(ii) amended by No. 65/2011 s. 6.
(iii)proceedings against the offender for a subsequent offence; or
(iv)subsequent proceedings against the offender for the same offence.