443. Absolute discharge where person is convicted.

A court1 by or before which a person is convicted of an offence may, if it is of the opinion, having regard to the circumstances, including the nature of the offence and character of the offender, that it is inexpedient to inflict punishment, make an order discharging the offender absolutely2. This power is not available in respect of an offence the sentence for which is:

  1.  

    (1)     a sentence fixed by law3;

  2.  

    (2)     the required minimum sentences for threatening with an offensive weapon or an article with a blade or point in public in public4;

  3.  

    (3)     the required custodial sentence