Where a sentencing judge impermissibly imposes a recognizance release order on a federal sentence exceeding three years, s 19AH(2) of the Crimes Act 1914 (Cth) prevents the judge from using s 19AH(1) to substitute a non-parole period, and s 104B of the Sentencing Act 1991 (Vic) is not picked up as an alternative correction power; the only remedy is resentencing on appeal.
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