Where a sentencing judge records a conviction contrary to the position of both parties, the reasons must explain why that contrary position was reached, including findings as to the extent of impact on the offender's economic and social wellbeing, whether the recording is proportionate to the seriousness of the offending, and the impact on rehabilitation prospects. The disproportionate impact of the reporting regime under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld), combined with an offender's permanent disability and honest and reasonable belief as to the complainant's age, may weigh strongly against recording a conviction.
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