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R v Tran [2019] SASCFC 5

appeal against sentence — intentionally importing child pornography offence contrary to s 233BAB(5) of the Customs Act 1901 (Cth) and intentionally making a statement on an incoming passenger card reckless as to the fact that the statement was false offence contrary to s 234(1)(d) of the Customs Act 1901 (Cth) — original sentence imposed 1 year and 8 months imprisonment to be served on a home detention order for the first 10 months and then released on a recognizance to be of good behaviour for 3 years for the first offence, and a conviction was recorded but no further penalty imposed for second offence — s 20AB — s 20AB of Commonwealth Criminal Code does not pick up and apply s 33BB of the Criminal Law (Sentencing) Act 1988 (SA) to a period of imprisonment which is subject to a recognizance release order made pursuant to s 19AC of the Criminal Code — sentencing judge not empowered to order that only a part of sentence of imprisonment be served on home detention — the manifest intention of s 20AB is to cover the field of  sentencing alternatives — the question here is one of the coherent construction of the provisions of the Crimes Act and not as to inconsistency between its provisions and the laws of the States — home detention order should be set aside — resentence — offender has been detained on home detention conditions for a period of nine months — order that offender be sentenced to imprisonment for 11 months but that they be released on a recognizance release order for a period of 3 years pursuant to s 20(1)(b) of the Commonwealth Criminal Code
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