A sentencing judge's factual finding that an offender poses a risk to the community must be supported by evidence; where the finding is based on speculation rather than an evidentiary link between the offence and the identified risk, the appellate court may intervene under House v The King and exercise the discretion afresh. Under the Working with Children (Risk Management and Screening) Act 2000 (Qld), whether or not a conviction is recorded does not per se affect blue card eligibility, as 'conviction' under Schedule 7 includes acceptance of a guilty plea regardless of whether a conviction is recorded.
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