When exercising the discretion under s 10 of the Crimes (Sentencing Procedure) Act 1999 in the context of a strict liability offence, the court must consider what the accused could effectively have done to prevent the offence. Failure to do so constitutes reviewable error. The potential for harm (beyond the actual harm constituting the offence) is not relevant to sentencing for a 'result offence' under s 27 of the Marine Pollution Act 1987, but is a proper consideration under the s 10 discretion. There is no established practice requiring that s 10 be applied whenever a blameless Master is convicted alongside the ship owner; each case turns on its own facts.
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