5Meaning of "convicted", &c.

### 5 Meaning of "convicted", &c. > > (1)  For the purposes of this Act, a person is taken to have been convicted of an offence if – > > > > > > (a) [*\[Section 5 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja4@GC1@EN) the person has been charged with and found guilty and convicted of the offence; or > > > > > > > (b) [*\[Section 5 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja4@GC1@EN) the person has been charged with and found guilty of the offence but the court hearing the charge has not proceeded to conviction; or > > > > > > > (c) the offence has been taken into account by a court in sentencing the person for another offence; or > > > > > > > (d) the person has absconded in connection with the offence. > > > (2)  For the purposes of this Act, a person's conviction is taken to have been quashed if – > > > > > > (a) in the case of a person who is taken to have been convicted of the offence by reason of [subsection (1)](#GS5@Gs1@EN) [(a)](#GS5@Gs1@Hpa@EN) – the conviction has been quashed or set aside; or > > > > > > > (b) in the case of a person who is taken to have been convicted of the offence by reason of [subsection (1)](#GS5@Gs1@EN) [(b)](#GS5@Gs1@Hpb@EN) – the finding of guilt has been quashed or set aside; or > > > > > > > (c) in the case of a person who is taken to have been convicted of the offence by reason of [subsection (1)](#GS5@Gs1@EN) [(c)](#GS5@Gs1@Hpc@EN) – either of the following events has occurred: > > > > > > > > > > (i) the person's conviction of the other offence referred to in that subsection has been quashed or set aside; > > > > > > > > > > > (ii) the decision of the court to take the offence into account in passing sentence for that other offence has been quashed or set aside; or > > > > > > > (d) in the case of a person who is taken to have been convicted of the offence by reason of [subsection (1)](#GS5@Gs1@EN) [(d)](#GS5@Gs1@Hpd@EN) – the person, after being brought before a court in respect of the offence, has been discharged in respect of the offence or a conviction of the person for the offence has been quashed or set aside. > > > (3)  A reference in this Act in relation to a person's conviction of an offence to the commission of the offence is, if the person is taken to have been convicted of the offence by reason of [subsection (1)](#GS5@Gs1@EN) [(d)](#GS5@Gs1@Hpd@EN) , to be taken to be reference to the alleged commission of the offence by that person.