When a child is sentenced in the District Court for a serious children's indictable offence dealt with 'according to law', s 14(2) of the Children (Criminal Proceedings) Act 1987 (NSW) does not confer a discretion to refrain from recording a conviction; it merely removes the prohibition in s 14(1)(a). A Community Correction Order under s 8(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires a formal conviction to be recorded. A sentencing judge cannot reopen proceedings under s 43 to remove a conviction that was lawfully required.
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