Normally when faced with an application that I am now faced with for a discharge without conviction, oral submissions are generally presented to the court. Mr Winkler, counsel for the defendant, has, as is his habit, carefully prepared written submissions and attached relevant authorities. He has also provided documentation in the form of references and other documents attesting to the previous good record of the defendant. Mr Winkler seeks to have him discharged without conviction.
Having read the submissions, I am satisfied that the threshold has been reached and that in this case the consequences of a conviction on the remaining charge would be out of proportion to the gravity of the offending. Accordingly, he is discharged without conviction on the remaining charge.