Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is available to persons convicted of strict liability regulatory offences; a sentencing judge who refuses to entertain a s 10 application on the categorical basis that such offences require conviction and penalty commits jurisdictional error by failing to exercise the jurisdiction granted by the section. A sentencing judge considering a s 10 application must make findings on all matters raised by the applicant in support of the application, including extenuating circumstances under s 10(3)(c) and mitigating factors under s 21A. The prohibition on costs in s 17 of the Criminal Appeal Act 1912 does not apply to proceedings on a case stated under s 5B.
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