ACTIn ForceAct
Crimes (Sentencing) Act 2005
72Concurrent and consecutive sentences—offences while
Start here
Get a plain-English read of 72
Turn the raw legal text into a practical explanation grounded in Crimes (Sentencing) Act 2005.
72 Concurrent and consecutive sentences—offences while
in custody or unlawfully absent
(1) This section applies if the primary sentence is imposed on the
offender for any of the following offences:
(a) an offence committed while the offender was in lawful custody;
(b) an offence committed while the offender was unlawfully absent
from a correctional centre or other place during the term of the
offender’s sentence of imprisonment;
Part 5.3 Imprisonment—concurrent and consecutive sentences
(c) an offence involving an escape from lawful custody.
Example of unlawful absence for par (b)
the offender fails to return to a correctional centre as required after community
service work or approved leave
(2) In the absence of a direction under subsection (3), the primary
sentence must be served consecutively with the existing sentence of
(3) The court may direct that the primary sentence be served concurrently
(or partly concurrently and partly consecutively) with the existing
sentence.
(4) Unless the court considers that special circumstances apply, the court
must not give a direction under subsection (3) if the primary sentence
is an offence that involves causing harm, or threatening to cause
harm, to a corrections officer.