Where a sentence of 3 years or longer is imposed for a Commonwealth offence, the only options are a non-parole period or service of the entire head sentence; s 20 of the Crimes Act 1914 (Cth) does not provide a third avenue for early release. The mandatory minimum sentence provisions in s 16AAA apply to attempts by operation of ss 11.1 and 11.6 of the Criminal Code (Cth). A sentencing judge retains a degree of judgment in assessing the discount for cooperation under s 16AAC, and it does not follow that a person who cooperates to the extent they can must qualify for the maximum 25% reduction.
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.