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Crimes (Sentencing) Act 2005
66Nonparole periods—setting if sentence currently being
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66 Nonparole periods—setting if sentence currently being
served
(a) the offender is serving a sentence of imprisonment (the existing
sentence); and
(b) the offender is sentenced to a further term of imprisonment
(the primary sentence).
Note Pt 5.3 deals with whether the primary sentence is to be served
concurrently or consecutively (or partly concurrently and partly
consecutively) with the existing sentence.
(2) Section 65 (Nonparole periods—court to set) applies as if the court
that imposes the primary sentence had sentenced the person to
imprisonment for a term equal to the total of the terms of the existing
sentence and the primary sentence.
(3) The imposition of the primary sentence automatically cancels any
nonparole period set for the existing sentence.
(4) Any nonparole period set for the primary sentence must not make the
offender eligible to be released on parole earlier than if the primary
sentence had not been imposed.