An offence is 'trivial in nature' under s 78A(6C)(a) of the Sentencing Act 1995 (NT) if the offender's conduct constitutes a petty example of the offence as defined by the Legislature, assessed by reference to the objective circumstances of the particular offence. The test is not whether imprisonment would be unjust and disproportionate ([name withheld] v [name withheld] overruled). A court must reject a plea of guilty where the agreed Crown facts do not unequivocally prove the offence, even where the accused does not wish to challenge the conviction, because it would be contrary to the interests of the administration of justice to allow the matter to proceed on a false basis.
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