A submission that insufficient weight was given to a mitigating factor does not establish specific error of the kind required by House v The King for appellate intervention; it is in reality a particular addressed to manifest excess. A sentencing court is not bound by a Crown prosecutor's concession as to the appropriate sentence, including a concession that a non-conviction order would not shock the public conscience. The ordinary consequence of a finding of guilt is the recording of a conviction, and a sentencing judge is not required to expressly address the factors in s 17(3) of the Crimes (Sentencing) Act 2005 (ACT) where a non-conviction order is not considered appropriate.
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