Where a sentencing judge refers to what are seen as the material considerations for recording a conviction but makes no mention of the effect on the offender's employability, and s 12(2) of the Penalties and Sentences Act 1992 (Qld) required that matter to be considered, the necessity for a court to give reasons for its decision requires the consideration of that matter to be demonstrated in the sentencing remarks, if not clearly demonstrated during argument. In such circumstances, it must be inferred that the matter was not considered.
A sentencing judge exercising the discretion under s 12 of the Penalties and Sentences Act 1992 (Qld) must demonstrably consider the impact of recording a conviction on the offender's economic or social wellbeing or chances of finding employment, and this consideration must be apparent from the sentencing remarks or from what was said during argument. Where the judge refers to what are seen as the material considerations but omits any reference to employability impact despite submissions on the point, it will be inferred the mandatory matter was not considered, warranting appellate intervention.
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