The discretion not to record a conviction under s 12 of the Penalties and Sentences Act 1992 (Qld) should not be exercised for the purpose of concealing criminal conduct from licensing authorities whose function is to assess fitness and propriety. A person convicted of a criminal offence has a criminal conviction whether or not it is formally recorded. For sentencing of prostitution offences with a commercial element at licensed premises, substantial fines emphasising deterrence are appropriate.
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