Sequencing State sentences before Commonwealth sentences is an appropriate method of managing the complexities of the dual sentencing regime for mixed Commonwealth/State child pornography offences. Sentences imposed by the CCA on resentencing after successful Crown appeals should not be treated as the upper bound of the permissible range for manifest excess purposes. The question whether a Commonwealth recognizance release constitutes 'parole' within s 47(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) remains unresolved.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.