Form 10—Order and recognisance under subForm 10—Order and recognisance under subsection 19B(1)

## Form 10—Order and recognisance under subsection 19B(1) Commonwealth of Australia Crimes Act 1914 ORDER AND RECOGNISANCE UNDER SUBSECTION 19B (1) IN THE 1 AT 2 IN THE \*STATE OF 3 BETWEEN: (\*Informant/\*Appellant) ‑and‑ (\*Defendant/\*Respondant) ORDER THE COURT DISCHARGES the \*defendant/\*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the \*defendant/ \*appellant giving security \*with \*surety/\*sureties of $ 4 by recognisance of $ 5 to comply with the following conditions: (a) that the \*defendant/\*appellant is to be of good behaviour for 6 \*months/\*years; and (b) that the \*defendant/\*appellant is to \*make reparation/\*make restitution/\*pay compensation of $ 7 to 8 \*by 9;/ \*by instalments of $ 10; and (c) that the \*defendant/\*appellant is to pay costs of this prosecution for the \*offence/\*offences specified below of $ 7 to 8 \*by 9;/ \*by instalments of $ 10; and (d) that the \*defendant/\*appellant is to comply with the following further conditions: (i) 11; (ii) 11. This Order has been issued because \* the appellant, 12 of 13 appealed to this court against the \*sentence/\*conviction and sentence imposed by the 2 Magistrates’ Court on 14 in respect of the following federal \*offence/\*offences: (i) 15; and (ii) 15; and \* the defendant, 12, was charged with the following federal \*offence/\*offences: (i) 15; and (ii) 15; and the court is satisfied that the \*charge is/\*charges are proved, but is of the opinion, having regard to: (a) the character, antecedents, age, health or mental condition of the person; or (b) the extent to which the \*offence is/\*offences are of a trivial nature; or (c) the extent to which the \*offence was/\*offences were committed under extenuating circumstances; that \* it is inexpedient to inflict \*any punishment/\*any punishment other than a nominal punishment. \* it is expedient to release the \*defendant/\*appellant on probation. Dated 14. 16 \*Judge of 1/\*Magistrate/\*Registrar of 1/\*Clerk of 1/\*Justice of the Peace RECOGNISANCE I, 12, the \*defendant/\*appellant: (a) have had explained to me: (i) the purpose and effect of this Order; and (ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and (iii) that this Order may be discharged or varied under section 20AA of the Crimes Act 1914; and (b) agree that I am bound in accordance with this Order; and (c) agree that I have been given a copy of this Order. Dated 14. 17 Before me: 18 \*Registrar of 1/\*Clerk of 1/\*Justice of the Peace UNDERTAKING BY \*SURETY/\*SURETIES I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the \*defendant/\*appellant fails to comply with a condition of this Order. I agree that I have been given a copy of this Order. First Surety: 19 Name: 20 Address: 21 Second Surety: 22 Name: 23 Address: 24 1 insert name of court 2 insert location of court 3 insert State or Territory 4 insert amount of surety or sureties 5 insert amount of recognisance 6 insert period 7 insert amount 8 insert to whom amount is to be paid 9 insert date by which amount must be paid 10 insert details of instalments 11 insert details of further conditions 12 insert name of defendant or appellant 13 insert address of appellant 14 insert date 15 insert details of offences 16 signature of judge, magistrate, registrar, clerk or justice of the peace 17 insert signature of defendant or appellant 18 signature of registrar, clerk or justice of the peace 19 signature of first surety 20 insert full name of first surety 21 insert address of first surety 22 signature of second surety 23 insert full name of second surety 24 insert address of second surety \* omit if inapplicable