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Sentenced to 6m detention with CRO and conviction recorded for attempted robbery (other lesser punishments on unlawful use); 16yo refused to pay for taxi and punched and threatened driver with gun before driving off in it; 17yo at sentence, early pleas, relevant history and breaches of court orders but no recorded convictions; Crown recited relevant factors and conceded possible impact on employment but did not contend for recorded conviction; defence and sentencing judge silent (Clare SC DCJ).
Appeal Determined (QCA)
[2020] QCA 124 (2020) 4 QR 588
09 Jun 2020
Leave to appeal sentence granted, appeal allowed; parties entitled to be heard on aspect of sentence that is unusual in that it is not in their contemplation; recording conviction breached natural justice; balancing serious nature of offending and noncompliance with court orders against unfortunate family circumstances preceding offending, reasonable rehabilitative prospects and Crown concession as to impact on employment, conviction should not be recorded: Sofronoff P and Boddice and Ryan JJ.
Appeal Status
Appeal Determined (QCA)
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