s 19 Discharge
There are two forms of s 19 discharge. Both forms result in automatic no conviction recorded (s16 Penalties and Sentences Act (Qld) 1992).
Section 18 lists the factors the court takes into account when considering making these orders:
—Offenders age, character, health, mental condition
—Nature and circumstances of offence
The discharge can be either:
—Absolute Discharge (s19(1)(a)): Rarely given, least intrusive form of punishment. This order recognises wrongdoing but only provides nominal punishment. The object of this type of order is “to obviate the imposition of unduly severe penalties in trifling cases, and to warn as well as encourage offenders not to repeat their wrongdoing.” Re Stubbs (1947) 47 SR (NSW) 329 at 337.
—Conditional Discharge (s19(1)(b)): Unlike absolute discharge where the offender’s involvement in the criminal justice system alone is considered to be a sufficient deterrent to further offending, conditions of release are considered necessary to minimise that risk. The conditions must relate to the offence or the sentencing objectives, be certain & precise, not unreasonable/onerous/ illegal or impossible to fulfil.
Section 18 lists the factors the court takes into account when considering making these orders:
—Offenders age, character, health, mental condition
—Nature and circumstances of offence
The discharge can be either:
—Absolute Discharge (s19(1)(a)): Rarely given, least intrusive form of punishment. This order recognises wrongdoing but only provides nominal punishment. The object of this type of order is “to obviate the imposition of unduly severe penalties in trifling cases, and to warn as well as encourage offenders not to repeat their wrongdoing.” Re Stubbs (1947) 47 SR (NSW) 329 at 337.
—Conditional Discharge (s19(1)(b)): Unlike absolute discharge where the offender’s involvement in the criminal justice system alone is considered to be a sufficient deterrent to further offending, conditions of release are considered necessary to minimise that risk. The conditions must relate to the offence or the sentencing objectives, be certain & precise, not unreasonable/onerous/ illegal or impossible to fulfil.
Good Behaviour Bond
Here the offender promises to be of good behaviour for a period fixed by the Court. Convictions are discretionary (s29). If ordered for matter dealt with on indictment see s30 (no limitation period). If ordered for matter dealt with summarily see s31 - cannot be longer than one year. Section 32 (equivalent to Griffiths remand in common law) - provides for an adjournment during which time the offender is of good behaviour - can be ordered instead of imposing another sentence.