Before the court considers exercising its discretion under section 10, the court is required to take into consideration:
(a) the person's character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
The offence does not necessarily have to be 'trivial', but it should also not be severe (e.g. murder).
The court also has the power to make an order for the person to enter into a good behaviour bond for a term not exceeding 2 years.
If you have been charged with a commonwealth offence (e.g. a telecommunication offence), the equivalent to the section 10 is section 19B of the Crimes Act 1914.
(i) the character, antecedents, cultural background, age, health or mental condition of the person;
(ii) the extent (if any) to which the offence is of a trivial nature; or
(iii) the extent (if any) to which the offence was committed under extenuating circumstances;
that it is inexpedient to inflict any punishment, or other than nominal punishment, can dismiss the charge, with or without conditions including a bond of up to 3 years.
