The impact on an offender's social wellbeing of becoming a reportable offender under the Child Protection (Offender Reporting) Act 2004 (Qld) is a relevant consideration under s 12 of the Penalties and Sentences Act 1992 (Qld) when deciding whether to record a conviction, notwithstanding that the impact arises by operation of statute. However, this is not a determinative consideration and must be weighed against all circumstances including the nature of the offence and community protection. For offences under s 218A(1) of the Criminal Code at the lower end of the spectrum of seriousness (such as sending indecent images within a relationship context), a community-based order without recording of conviction may be appropriate.
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