Knowing possession of counterfeit bank notes without lawful excuse should ordinarily attract a full-time custodial sentence in the absence of cogent and compelling circumstances. A sentencing judge may find the intent with which the offender was in knowing possession (such as intent to pass the notes) as a factor going to the seriousness of the possession offence without contravening the De Simoni principle, provided the judge does not punish for a different or more serious offence. Section 16A(2) of the Crimes Act 1914 (Cth) does not require explicit treatment of each listed factor as a statutory checklist.
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