A sentencing judge who expressly refers to the s 12(2)(c) considerations, acknowledges the potential consequences of recording a conviction on the offender's livelihood and employment, and weighs those against the nature of the offending and the public interest, will not be found to have committed appellable error merely because the judge decided to record the conviction. Courts should not routinely impose sentences with the object of defeating the operation of legislative provisions such as the Corporations Act and licensing requirements that exist for the protection of the public.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.