The discretion under s 12 of the Penalties and Sentences Act 1992 (Qld) not to record a conviction is broad and not limited to trivial offences or youthful offenders. No single factor in s 12(2) has automatic predominance. The deliberate legislative policy of conferring new discretions should not be impeded by restrictive approaches drawn from the prior sentencing regime. A conviction for dangerous driving causing death may properly not be recorded where the offender is a young first offender of good character and a non-custodial sentence is appropriate.
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