For child pornography offences committed by offenders aged 16-17, actual custody may not be appropriate where the offender has no prior criminal history, good rehabilitation prospects, and a good work history. The comparable sentencing authorities do not support actual custody for offenders of that age and circumstances. However, convictions should be recorded where the offending is serious, protracted, and did not cease voluntarily. The Queensland anomaly of treating 17-year-olds as adults (unlike all other Australian jurisdictions) was noted as unsatisfactory.
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