The bare theoretical possibility of a Table 1 offence being dealt with summarily in the Local Court does not suffice as a mitigating factor on sentence; the ground will only succeed in rare and exceptional circumstances where the offence is clearly a summary offence that ought otherwise to have been prosecuted in the Local Court. Defence counsel should raise the summary disposal argument at first instance in the District Court, as the CCA will apply a rigorous approach in requiring the point to be taken below before permitting it to be raised on appeal. A sentencing judge's erroneous description of ICO breach consequences may not be material where the realistic position is that a complete breakdown in compliance would likely result in full-time imprisonment.
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