For offences involving child pornography, the community interest in recording a conviction will generally outweigh the offender's personal interests, even where the offender has no prior convictions, did not actively seek the material, and has given assurances about future conduct. Significant delay in an Attorney-General's appeal does not, of itself, preclude the recording of a conviction where the community interest is strong. Where a conviction is recorded on appeal, it should be deemed recorded from the date of the original sentence to preserve the offender's rehabilitation period.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.