The non-recording of a conviction for indecent dealing with children under 12 may be within the range of a sound sentencing discretion where the offender is young, the offences are at the lower end of the range, there is evidence of psychological problems being addressed, low risk of reoffending, genuine remorse, and an otherwise blameless life. The same double jeopardy considerations recognised in Everett v The Queen apply to Attorney-General's appeals against the non-recording of a conviction as apply to appeals against sentence generally.
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