When a sentencing court considers the deliberate nature of an offence as relevant to whether the offence is trivial under s 10(3)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and then weighs the offender's personal circumstances before declining to exercise the s 10 discretion, this does not constitute jurisdictional error. The s 10 discretion is broad and contains no statement of impermissible considerations.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
6 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.