For breaches of regulatory legislation such as Part 10 of the Consumer Affairs and Fair Trading Act, deterrence is the paramount sentencing consideration and the discretion not to record a conviction under s 8(1) of the Sentencing Act has restricted application. An offender's age and clean record will not reasonably support the exercise of the discretion where the offending is serious, sustained, and committed by an experienced person who understood their obligations. The Supreme Court retains a residual discretion on Crown appeals not to interfere with sentence where the Crown effectively changed its position on appeal.
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