A sentencing judge imposing actual custody on a youthful first offender with no prior criminal history, good character, and excellent rehabilitation prospects must demonstrate in the sentencing remarks that the required balancing exercise between the seriousness of the offending and these mitigating factors has been carried out; failure to do so may render the sentence manifestly excessive. Where an offender seeks non-recording of a conviction based on future employment prospects, vague and unsubstantiated assertions about potential employment are insufficient; a specific employment opportunity should usually be identified with an adequate evidentiary foundation.
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