Proven and dismissed

Proven and dismissed – Section 76 of the Sentencing Act allows for the Judge or Magistrate to find the charge/s proven but dismiss the case without any further penalty.

s76 of the Sentencing Act – Unconditional dismissal

A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) dismiss the charge.

This type of sentence will still result in a criminal record, however any police check will show that apart from the finding of guilt, there was no further penalty. This sentence can be imposed with or without conviction. Regardless, a record will still appear in relation to this disposition.

This sentencing option is rarely handed down by the Courts, and is usually reserved for low-end offending.

It used to be the case that VicRoads would view fines dealt with in this manner as being withdrawn and then would not impose the demerit points. Unfortunately that is no longer the case. A speeding fine, found to be proven and dismissed, will now still attract demerit points.