The amendment to s 9(4) of the Penalties and Sentences Act 1992 (Qld) mandating actual imprisonment for CEM offences (absent exceptional circumstances) is not a relevant consideration in the exercise of the discretion under s 12 of that Act whether to record a conviction. The amendment affects the type of sentence that may be imposed but does not alter the nature of the offence. For low-end CEM possession offending where the material was not sought out, strong personal mitigating factors including rehabilitation steps, good character, and absence of prior criminal history may outweigh the seriousness of the offence in the s 12 balancing exercise.
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