The Queensland Court of Appeal refused leave to appeal against a sentence of three years probation with a recorded conviction imposed on a 14-year-old for penile rape of a 13-year-old. The Court held that the recording of a conviction was within the sentencing judge's broad discretion, particularly given the seriousness of the offence, the applicant's lack of remorse, continued denial of responsibility even after conviction, and a moderate risk assessment for future sexual offending. The decision confirms that while convictions need not inevitably be recorded in juvenile rape cases, the combination of offence seriousness and absence of remorse can justify recording a conviction alongside a probation order.
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