Triviality of the offence is not a precondition to the exercise of the power under s 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW); the factors in s 10(3) are matters to which the court must have regard, not threshold requirements. However, a premeditated knife attack involving arming oneself with a weapon, arranging a meeting with the victim, and inflicting multiple wounds is not trivial and militates strongly against a s 10 order. The impact of a conviction on professional career prospects is a relevant consideration under s 10(3)(d) but must be weighed against public safety considerations relevant to the profession.
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