Where a sentencing judge fails to give patent consideration to whether or not to record a conviction under s 12 of the Penalties and Sentences Act 1992 (Qld), the appellate court will re-exercise the discretion. Where there is no direct evidence of the impact of recording a conviction on an offender's economic or social well-being, it may be presumed that a conviction can only have a negative impact. A young first offender with good character, rehabilitation efforts, and an early guilty plea may avoid having convictions recorded even for serious offences.
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