When exercising the discretion to record convictions against juvenile offenders under ss 183-184 of the Youth Justice Act 1992 (Qld), a sentencing judge must specifically consider favourable rehabilitation factors at the point of exercising that discretion, and must not allow the fact that convictions were not recorded on previous occasions to impermissibly constrain the discretion in respect of the present offences. The legislative presumption against recording convictions for juveniles, combined with genuine rehabilitation, may favour not recording convictions even where the offending is serious and the offender has a relevant criminal history.
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