8Conviction or non-conviction

8 Conviction or non-conviction (1) In deciding whether or not to record a conviction, a court must have regard to the circumstances of the case including: (a) the character, antecedents, age, health or mental condition of the offender; and (b) the extent, if any, to which the offence is of a trivial nature; and (c) the extent, if any, to which the offence was committed under extenuating circumstances. (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; and

Sentencing Act 1995 12 (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 breach of sentence; or (iii) proceedings against the offender for a subsequent (iv) subsequent proceedings against the offender for the same offence.