The future effect of a conviction on an offender's travel or business does not constitute 'antecedents' within s 19B(1)(b)(i) of the Crimes Act 1914 (Cth), which denotes an offender's past. A solicitor's forensic decision not to make a submission that no conviction be recorded, even contrary to instructions, binds the client and does not constitute a miscarriage of justice where the submission could not possibly have succeeded. For offences of making child pornography available under s 474.19(1) of the Criminal Code (Cth), a term of imprisonment and recorded conviction will almost inevitably follow.
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