In R v RBN [2024] QCA 185, the Queensland Court of Appeal reviewed an application from RBN regarding a sentence imposed by the District Court for a common assault case. Initially charged with indecent assault, the indictment was amended to common assault, as the prosecution removed the indecency element. The applicant, a photographer, pleaded guilty to unlawfully assaulting a model during a photo shoot. The District Court sentenced RBN to a fine but recorded a conviction, despite no sexual element being alleged by the Crown. On appeal, the court acknowledged a misstep in the sentencing, particularly in recording the conviction without sufficient rationale, given that the assault had non-sexual connotations as emphasized by the Crown. Considering the applicant's professional circumstances—and the potential negative impact of a recorded conviction on employment—the Court of Appeal allowed the appeal. The conviction was set aside, with the fine remaining.
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