When sentencing for a s 205A Criminal Code (Qld) offence of contravening an order to provide electronic access information, the sentencing court is not required to determine the level of criminality concealed by the refusal. The gravamen of the offence lies in stymying the investigation and potentially concealing more serious offending, and a sentence of imprisonment (even if suspended) is within the range of appropriate sentences for this offence. Western Australian authorities on comparable provisions provide useful guidance on sentencing range.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
5 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.