The applicant was found guilty after trial of two offences of using a false instrument contrary to s 126(2) of the Crimes Act 1900
It may be that the sentencing judge, as well as counsel, was under the impression that the sentence of imprisonment for three months, if accompanied by a direction for release forthwith upon entering into a recognizance in accordance with s 403(1)(b), was not a sentence of imprisonment for the purpo