A sentencing judge's exercise of the s 10(1)(b) discretion not to record convictions for serious child sexual offences (mid-range, maximum 10 years) may be upheld on appeal where the offender was a victim of severe childhood sexual abuse, unchallenged medical evidence establishes a causal link between that abuse and the offending through a hypomanic state, the offender has good rehabilitation prospects, and has already served a period in custody. The uniqueness of such circumstances may justify a finding that general deterrence and denunciation have little part to play.
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