8Conviction or non-conviction

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 S. 8(3)(b)(ii) amended by No. 65/2011 s. 6. (ii) proceedings for variation or contravention of sentence; or (iii) proceedings against the offender for a subsequent offence; or (iv) subsequent proceedings against the offender for the same offence. Pt 3 Div. 1A (Heading and ss 8A–8D) inserted by No. 65/2011 s. 7.