A sentencing court's reference to general deterrence as a 'particular factor' in drink-driving cases does not, without more, constitute treating general deterrence as a bar to a non-conviction order under s 17. The ordinary consequence of a finding of guilt is the recording of a conviction, and the failure to record a conviction is an exceptional outcome. Personal stress may be taken into account under s 17(4) regardless of whether it qualifies as an 'extenuating circumstance' under s 17(3)(c). Section 17 does not require exceptional circumstances for a non-conviction order; a holistic assessment of the relevant factors suffices.
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