The seriousness of armed robbery offences dictates the recording of a conviction in all but the most exceptional circumstances. The discretion under s 12 of the Penalties and Sentences Act 1992 (Qld) is part of the sentence and subject to appellate review. The 'nature of the offence' criterion in s 12(2)(a) encompasses community interest considerations including whether violence was used, whether there was exploitation or abuse of trust, the extent of economic loss, and the propensity to re-offend. A court will be more easily persuaded against recording a conviction where there are no prior convictions and the offence is a 'victimless' crime. Thomas and White JJ held the s 12 discretion must be considered together with other sentencing orders as part of the total sentence; Dowsett J held it should be exercised independently.
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