A court sentencing an
offender may impose no sentence if it considers that —
(a) the
circumstances of the offence are trivial or technical; and
(b)
having regard to —
(i)
the offender’s character, antecedents, age, health
and mental condition; and
(ii)
any other matter that the court thinks is proper to
consider,
it is not just to
impose any other sentencing option.
[Section 46 amended: No. 17 of 2014 s. 37(2).]