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Viscariello V Tamasauskas (No 2)

Supreme Court of South Australia

Judgment Date:
2019-03-21

Abstract:
The Supreme Court of South Australia Court of Criminal Appeal Full Court (SACCA Full Court) has resentenced an accused who pleaded guilty to an offence of smuggling tobacco with the intent to defraud the revenue. On appeal by the Director of Public Prosecutions, the SACCA Full Court held that the sentence initially given was not authorised by law as the accused was sentenced to a period of imprisonment on a home detention order under (SA) Sentencing Act 2017 s 71 before release on a recognizance release order under (Cth) Crimes Act 1914 s 19AC.

Courts and judicial system | Judges and magistrates | Recusal | Apprehension of bias

Published:
22/05/2019
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