When exercising the discretion under s 12 of the Penalties and Sentences Act 1992 (Qld) to record or not record a conviction, a sentencing judge must make findings resolving disputed factual matters relevant to the s 12(2) considerations, particularly the impact on the offender's economic or social wellbeing. A bare recitation that the judge 'took into account' the relevant considerations is insufficient where there is a factual dispute about the extent of the impact. Where the Crown expressly disclaims a sexual element to an assault, the sentencing judge must articulate the significance of that disclaimer to the assessment of the nature and seriousness of the offence.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.