On an appeal against conviction under s 12(1) of the CAR Act, the District Court can exercise the powers under both s 20BQ(1) and s 19B of the Crimes Act 1914 (Cth) after setting aside the conviction. On a sentence-only appeal under s 11(1), neither power is available because the District Court has no power to set aside the conviction. Practitioners seeking mental health diversion or discharge without conviction for federal offences on appeal must ensure a conviction appeal is brought, not merely a sentence appeal. Section 3(3A) of the CAR Act, which permits setting aside a conviction to make a s 10 order on a sentence appeal, cannot be picked up and applied to s 19B orders.
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