A sentencing judge may exercise the s 19B(1) discretion to discharge without conviction on the basis of the offender's character and antecedents alone under s 19B(1)(b)(i), even where the offence is found to be neither trivial nor committed under extenuating circumstances. The characterisation of s 19B as 'exceptional' is context-dependent and does not preclude its application to offences under s 474.17(1) of the Criminal Code Act 1995 (Cth). Where a sentencing judge identifies a case as 'borderline' and exercises the discretion within the permissible range, an appellate court will be slow to intervene.
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