The prosecution's duty to identify inappropriate sentencing dispositions is not reduced by Barbaro v The Queen. If the prosecution fails to oppose a recognisance release order or make submissions on the pre-release period at the plea, the Director is precluded from challenging those matters on appeal. For online child sexual offences under ss 474.25A and 474.26 of the Criminal Code (Cth), a pre-release period of 10 months on a 30-month head sentence is manifestly inadequate; 18 months would have been appropriate.
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