R v Daw

In the case of R v Daw, the applicant appealed against the sentence imposed upon him by the Magistrates' Court. The applicant had pleaded guilty to possessing child exploitation material and was sentenced to nine months imprisonment, to be served via an Intensive Correction Order. The applicant had downloaded 58 pornographic images of children from a website. The appeals court considered whether the sentence was manifestly excessive and whether a conviction should be recorded under section 12(2) of the Penalties and Sentences Act 1992 (Qld).

The court found that the applicant's offending was at the low end of the scale. He was a young offender with no previous convictions. The court considered the impact of recording a conviction on the applicant's career and chances of success. The court found that recording a conviction would jeopardise his future prospects. The court concluded that, given the circumstances, a conviction should not be recorded.

The court allowed the application for leave to appeal against the sentence. The sentence imposed by the Magistrates' Court was set aside. In lieu, a probation order for two years was imposed, in accordance with section 93(1) of the Penalties and Sentences Act 1992 (Qld). The probation order included an additional condition that the applicant undergo any medical, psychiatric or psychological testing and treatment as directed by a Corrective Services Officer. The applicant was required to report to an authorised Corrective Services Officer at Ipswich within three business days. The court also directed that a conviction should not be recorded.