In the case of WY v Commissioner of Police [2024] QDC 174, the appellant contested the recording of convictions following his guilty plea to three breaches of bail conditions. On appeal, WY argued that his sentence was manifestly excessive and that the learned Magistrate erred by not considering procedural fairness and the specifics under section 12(2) of the Penalties and Sentences Act 1992 (Qld). WY's breaches occurred in late 2023 and early 2024 and included failing to comply with a curfew due to reasons such as visiting a family member or being caught in traffic. The appeal court agreed with WY, highlighting that his young age, limited criminal history, and the minor nature of his offences weighed against recording convictions. Additionally, the considerations under section 12(2) about the impact on WY’s employment prospects were noted. Consequently, the appeal was allowed.
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