Non-compliance with the mandatory explanation requirements of s 16F of the Crimes Act 1914 (Cth) does not render a federal sentence a nullity. In sentencing for structuring offences under the Financial Transaction Reports Act 1988 (Cth), the head sentence should reflect general deterrence while the non-parole period should reflect individual subjective features. Parity considerations may require adjustment of a non-parole period where a co-offender with higher professional obligations received a substantially shorter non-parole period.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.