Subpart 5—Discharge and miscellaneous orders

Discharge

106 Discharge without conviction

(1)

If a person who is charged with an offence is found guilty or pleads guilty, the court may discharge the offender without conviction, unless by any enactment applicable to the offence the court is required to impose a minimum sentence.

(2)

A discharge under this section is deemed to be an acquittal.

(3)

A court discharging an offender under this section may—

(a)

make an order for payment of costs or the restitution of any property; or

(b)

make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered—

(i)

loss of, or damage to, property; or

(ii)

emotional harm; or

(iii)

loss or damage consequential on any emotional or physical harm or loss of, or damage to, property:

(c)

make any order that the court is required to make on conviction.

(3A)

Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.

(4)

[Repealed]

(5)

Despite subsection (3)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.

(6)

[Repealed]

(7)

[Repealed]

Compare: 1985 No 120 s 19

Section 106(3A): replaced, on 13 February 2012, by section 12(1) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 106(4): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 106(5): replaced, on 6 December 2014, by section 8 of the Sentencing Amendment Act 2014 (2014 No 38).

Section 106(6): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 106(7): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).