17 year old respondent sentenced to 14 month good behaviour bond for three possess child abuse material offences under Crimes Act 1900 s 91H(2) — respondent a “registrable person” under Child Protection (Offenders Registration) Act 2000 s 3A but not notified of obligation to report information to Commissioner of Police — charged with failing to comply with reporting obligations under Register — judge at first instance declared respondent’s entry on Child Protection Register erroneous on basis exception in s 3A(2) applied — meaning of “arising from the same incident” in s 3A only if they (i) are committed within a single 24 hour period and (ii) are committed against the same person: s 3(3) — possessing child abuse material involving actual children is an offence committed against those children — offences did not arise from the same incident as they were not committed against the same person — respondent was not entitled to the benefit of s 3A(2)(c)(ii) exception to s 3A(1) — respondent was within s 3A(1) as a registrable person and subject to consequences of that status.

Applicant sought leave to appeal the recording of a conviction — applicant pleaded guilty to one count of armed robbery in company — applicant sentenced to detention for 8 months with an order that he be released immediately, after serving 140 days on remand, and on conditional release for 3 months — conviction was recorded due to seriousness of charge and criminal history — sentencing judge failed to consider relevant countervailing factors and the pre-sentence report — appeal allowed — recording of conviction set aside — order that no conviction be recorded.

Applicant found guilty of contravening child protection prohibition orders — s 3A(2) Child Protection (Offenders Registration) Act 2000 exempts a person from the definition of “registrable person” if offence committed when they were a child or if they were found guilty of a registrable offence before 15 October 2001 — applicant fulfilled both because she committed a single offence involving an act of indecency when she was 13 years old and found guilty before 15 October 2001 — Local Court had no power to make Child Protection Prohibition Order as she was not a registrable person — Crown could not establish that she had contravened order as invalid — matter remitted to District Court for sentence.

Children (Criminal Proceedings) Act 1987 ss 14, 15 — Appeal against sentence — applicant found guilty of aggravated break, enter and committing serious indictable offence, robbery in company — sentenced to 12 years imprisonment, with a non-parole period of 8 years — court erred in admitting evidence regarding applicant’s Children’s Court criminal history — Bugmy principles applied — youth and history of dysfunction — appeal allowed — applicant re-sentenced to 10 years of imprisonment with a non-parole period of 6 years and 6 months.

Sentencing appeal — error in having regard to non-conviction criminal record — Parity principle — whether erroneous sentences imposed upon co-offenders give rise to a justified sense of grievance — whether intervention of appellate court is justified — question of proper reflection of objective.