It is an error of principle for a sentencing court to decline to fix a recognisance release order or non-parole period under ss 19AB and 19AC of the Crimes Act 1914 (Cth) simply to ensure the offender serves the longest possible period in custody. The usual range for such orders is between one-half and two-thirds of the head sentence. All Commonwealth offenders, including those convicted of people smuggling, are entitled to the benefit of the Crimes Act provisions.
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