The Federal Court held that the Tribunal committed jurisdictional error by misapplying Thornton and Lesianawai to exclude all juvenile offending from consideration, when those authorities only preclude reliance on juvenile findings of guilt where no conviction was recorded by operation of s 85ZR(2) of the Crimes Act 1914 (Cth); where convictions were in fact recorded under Victorian law, the Tribunal was required to consider them. The error was material under the LPDT framework because the Court could not conclude the outcome would inevitably have been the same had the full criminal history been considered. On the second ground, the Court held that the Tribunal's treatment of the 'Expectations of the Australian community' under Direction No 110 paragraph 8.5, while infelicitous, was not jurisdictional error when the reasons were read as a whole — the Tribunal was understood to have engaged in a permissible interim weighing step rather than neutralising the prescribed community expectations.
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