Sections 114 and 115 of the Crimes Act 1900 (NSW) create separate offences; s 115 is not merely an aggravated form of s 114. An accused may be convicted of both without miscarriage of justice, but on sentencing the Pearce principle against double punishment requires that indicative sentences for the s 115 offences avoid doubly punishing the offender for the common elements with the s 114 offences. The correct maximum penalty for a s 114(1)(d) offence is 7 years imprisonment, not 10 years.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.