59Court may vary commencement of sentence on quashing or varying other sentence

59 Court may vary commencement of sentence on quashing or varying other sentence

59 Court may vary commencement of sentence on quashing or varying other sentence

(1) A court that quashes or varies a sentence of imprisonment imposed on a person (on appeal or otherwise) may vary the date of commencement of any other sentence that has been imposed on that person by that or any other court.

(2) If a person is subject to two or more sentences, this section applies to each of them.

(3) A court may vary a sentence under this section on its own initiative or on the application of a party to the proceedings on the quashing or variation of the other sentence.

(4) An appeal does not lie merely because the date of commencement of a sentence is varied under this section.

(5) The term of a sentence, or the non-parole period of a sentence, cannot be varied under this section.

s 59: Am 2003 No 27, Sch 6 [2]–[5].