Recording Convictions
Sometimes convictions are automatically recorded or not recorded but often it is a discretionary option for the courts (s12(2) Penalties and Sentences Act (Qld) 1992) considering -
—The nature of the offence. Certain offences will require a conviction be recorded in all but exceptional cases, eg. if violence was used, if there was an abuse of trust, if there was substantial economic loss to victims, or if the circumstances of the offence suggest propensity or risk of re-offending (R v Briese [1998] 1 Qd R 487);
—The offenders character and age; and
—The impact of recording a conviction on their economic or social well-being, or on their chances of finding employment. There needs to be evidence before the court of this impact – a bare possibility is not enough (R v Bain (unreported, Qld CA, No 452 of 1996) confirmed in R v LE [2003] QCA 256)
—The nature of the offence. Certain offences will require a conviction be recorded in all but exceptional cases, eg. if violence was used, if there was an abuse of trust, if there was substantial economic loss to victims, or if the circumstances of the offence suggest propensity or risk of re-offending (R v Briese [1998] 1 Qd R 487);
—The offenders character and age; and
—The impact of recording a conviction on their economic or social well-being, or on their chances of finding employment. There needs to be evidence before the court of this impact – a bare possibility is not enough (R v Bain (unreported, Qld CA, No 452 of 1996) confirmed in R v LE [2003] QCA 256)