When sentencing an offender as an adult under s 144 of the Youth Justice Act 1992 (Qld) for offences committed as a child, the sentencing court must consider whether anything in the circumstances justifies imposing a more severe penalty than would have been imposed had the offender been sentenced as a child. Where the offender has been fully rehabilitated and poses no risk of reoffending, and where a child would not have received a custodial sentence, a custodial sentence (even wholly suspended) with recorded convictions is manifestly excessive. The collateral consequences of conviction — including reportable offender status and disqualification from working with children — are relevant to the sentencing discretion and to the question whether convictions should be recorded.
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