A spent conviction order under s 45(1) of the Sentencing Act 1995 (WA) may be made on appeal where the appellant was unrepresented below and relevant mitigating material was not placed before the sentencing court, even where the magistrate did not err on the material before them. The particular impediment of a conviction to employment requiring police clearance (such as child care) may constitute a sufficiently exceptional circumstance to justify the sparingly exercised power, particularly for a young first offender.
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