When sentencing a federal offender to imprisonment not exceeding 3 years, the proper process involves three steps: (1) deciding whether to impose imprisonment and its length under s 16A; (2) considering whether to decline a recognizance release order under s 19AC(4); and (3) deciding whether to release forthwith or after a specified period under s 20(1)(b), applying the same factors as for the head sentence but with different weight. Application of the State suspension framework instead of the federal recognizance release framework is erroneous but may not be material where the two frameworks operate in substantially the same way on the facts.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
7 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.