In New Zealand, a defendant may be "discharged without conviction" after found guilty.
Courts would apply such a discretion where they are satisfied that the consequences of conviction would be out of proportion to the gravity of the offending.
Simply put, if Bob and Rob both commit the same sort of offence in similar circumstances (or, perhaps, even commit one offence together in equal roles), but Rob's career would be aborted (and he won't be able to support his family etc.) if convicted/sentenced same as Bob, he might get a lighter sentence, or even get "discharged without conviction" and walk free while Bob will be paying for his mistakes in full.
I just read that the High Court on appeal quashed the conviction of someone who exceeded the daily fishing limit and obstructed the fishing officers — merely because the conviction "would impact [his] employment prospects". Another famous example was when a rugby player got off the hook for a brutal assault because "the crime did not justify destroying a young man's career prospects".
What especially outrages me about that s 106 of the Sentencing Act 2002 is that it allows to remove the conviction — not sentencing — and acquit the defendant after finding him guilty!
Is there any other jurisdiction that recognizes any substantially similar judicial conclusions? Are such resolutions not violations of the rule of law?
What sense does it make to go through a trial process vs. assess in advance if a discharge would be granted upon conviction, and if so, dismiss the charge before the trial to avoid waste of court resources?