A sentencing judge who fails to refer to a guilty plea or comply with s 13 of the Penalties and Sentences Act 1992 (Qld) will be found to have miscarried in the exercise of the sentencing discretion. A sentencing judge must not proceed on a preconception that actual custody is invariably required for child pornography offences; general deterrence does not compel a rule of universal application. Public shaming as a mitigating factor requires evidentiary support beyond bare assertion, and its weight depends on five identified factors including the identity and position of the accused, the nature of the offences, and the nature and extent of the public communication.
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