The recording of a conviction is an element of the offender's punishment under the Sentencing Act 1991, and failure to record a conviction may itself constitute manifest inadequacy in a sentencing disposition. In loan fraud cases, the importance of general deterrence is reduced where the offender was not in a position of trust, intended to repay, and the financial institutions suffered no actual loss. The mandatory obligation under s 6J(1) to record continuing criminal enterprise offender status cannot be defeated by the prosecution's failure to raise Part 2B at the plea hearing.
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