Form 10—Order and recognisance where disForm 10—Order and recognisance where discharge without conviction

Form 10—Order and recognisance where discharge without conviction

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER SECTION 19B

IN THE 1

AT 2

IN THE *STATE OF 3

BETWEEN:

4(*Informant/*Appellant)

‑and‑

5(*Defendant/*Respondent)

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 $ 6 by recognisance of $ 7 to comply with the following conditions:

(a) that the *defendant/*appellant is to be of good behaviour for 8 *months/*years;

*(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $ 9 to 10 *by 11/ *by instalments of $ 12;

*(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $ 9 to 10 *by 11/ *by instalments of $ 12;

*(d) that the *defendant/*appellant is to comply with the following further conditions:

(i) 13;

(ii) 13.

This Order has been issued because:

*(a) the appellant, 14 of 15, appealed to this court against the *sentence/*conviction and sentence imposed by the 2 Magistrates’ Court on 16 in respect of the following federal *offence/*offences:

(i) 17;

(ii) 17; and

*(a) the defendant, 14 of 15, was charged with the following federal *offence/*offences:

(i) 17;

(ii) 17; and

(b) the court is satisfied that the *charge is/*charges are proved, but is of the opinion, having regard to:

(i) the character, antecedents, age, health or mental condition of the person; or

(ii) the extent to which the *offence is/*offences are of a trivial nature; or

(iii) 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 16.

18

*Judge of 1/*Magistrate/*Registrar of 1/ *Clerk of 1/*Justice of the Peace

RECOGNISANCE

I, 14, 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 cause or excuse, to comply with the conditions of this Order; and