Crimes (Sentencing Procedure) Act 1999 No 92
Current version for 23 October 2014 to date (accessed 25 November 2014 at 08:32)
Part 4Division 2

Division 2 Concurrent and consecutive sentences

55   Sentences for offences generally

(1)  In the absence of a direction under this section, a sentence of imprisonment imposed on an offender:
(a)  who, when being sentenced, is subject to another sentence of imprisonment that is yet to expire, or
(b)  in respect of whom another sentence of imprisonment has been imposed in the same proceedings,
is to be served concurrently with the other sentence of imprisonment and any further sentence of imprisonment that is yet to commence.
(2)  The court imposing the sentence of imprisonment may instead direct that the sentence is to be served consecutively (or partly concurrently and partly consecutively) with the other sentence of imprisonment or, if there is a further sentence of imprisonment that is yet to commence, with the further sentence of imprisonment.
(3)  A direction under this section has effect according to its terms.
(4)  In this section, a reference to a sentence of imprisonment is taken to be a reference to:
(a)  the non-parole period of the sentence, in the case of a sentence for which a non-parole period has been set, or
(b)  the term of the sentence, in the case of a sentence for which a non-parole period has not been set.
(5)  This section does not apply to:
(a)  a sentence of imprisonment imposed on an offender in relation to an offence involving an assault, or any other offence against the person, committed by the offender while a convicted inmate of a correctional centre, or
(a1)  a sentence of imprisonment imposed on an offender in relation to an offence involving an assault, or any other offence against the person, against a juvenile justice officer committed by the offender while a person subject to control, or
(b)  a sentence of imprisonment imposed on an offender in relation to an offence involving an escape from lawful custody committed by the offender while an inmate of a correctional centre (whether or not the escape was from a correctional centre).

56   Sentences for offences involving assault by convicted inmate

(1)  This section applies to:
(a)  a sentence of imprisonment imposed on an offender in relation to an offence involving an assault, or any other offence against the person, committed by the offender while a convicted inmate of a correctional centre, or
(b)  a sentence of imprisonment imposed on an offender in relation to an offence involving an assault, or any other offence against the person, against a juvenile justice officer committed by the offender while a person subject to control.
(2)  In the absence of a direction under this section, a sentence of imprisonment imposed on an offender:
(a)  who, when being sentenced, is subject to another sentence of imprisonment that is yet to expire, or
(b)  in respect of whom another sentence of imprisonment has been imposed in the same proceedings,
is to be served consecutively with the other sentence of imprisonment or, if there is a further sentence of imprisonment yet to commence, with that further sentence.
(3)  The court imposing the sentence of imprisonment may instead direct that the sentence is to be served concurrently (or partly concurrently and partly consecutively) with the other sentence of imprisonment and any further sentence of imprisonment that is yet to commence.
(3A)  Such a direction may not be given in relation to:
(a)  an offence involving an assault, or other offence against the person, against a correctional officer committed by the offender while a convicted inmate of a correctional centre, or
(b)  an offence involving an assault, or other offence against the person, against a juvenile justice officer committed by the offender while a person subject to control,
unless the court is of the opinion that there are special circumstances justifying such a direction.
(4)  A direction under this section has effect according to its terms.
(5)  In this section, a reference to a sentence of imprisonment is taken to be a reference to:
(a)  the non-parole period of the sentence, in the case of a sentence for which a non-parole period has been set, or
(b)  the term of the sentence, in the case of a sentence for which a non-parole period has not been set.
(6)  In this section, a reference to another sentence of imprisonment, other sentence of imprisonment or further sentence of imprisonment is taken to include a reference to a period for which a person is required to be detained in a detention centre under an order referred to in section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987.

57   Sentences for offences involving escape by inmates

(1)  This section applies to a sentence of imprisonment imposed on an offender in relation to an offence involving an escape from lawful custody committed by the offender while an inmate of a correctional centre (whether or not the escape was from a correctional centre).
(1A)  A sentence of imprisonment to which this section applies must be imposed after any other sentence of imprisonment that is imposed in the same proceedings.
(2)  A sentence of imprisonment to which this section applies imposed on an offender:
(a)  who, when being sentenced, is subject to another sentence of imprisonment that is yet to expire, or
(b)  in respect of whom another sentence of imprisonment has been imposed in the same proceedings,
is to be served consecutively with the other sentence of imprisonment or, if there is a further sentence of imprisonment yet to commence, with that further sentence.
(3)  In this section, a reference to a sentence of imprisonment is taken to be a reference to:
(a)  the non-parole period of the sentence, in the case of a sentence for which a non-parole period has been set, or
(b)  the term of the sentence, in the case of a sentence for which a non-parole period has not been set.

58   Limitation on consecutive sentences imposed by Local Court

(1)  The Local Court may not impose a new sentence of imprisonment to be served consecutively (or partly concurrently and partly consecutively) with an existing sentence of imprisonment if the date on which the new sentence would end is more than 5 years after the date on which the existing sentence (or, if more than one, the first of them) began.
(2)  Any period for which an existing sentence has been extended under this or any other Act is to be disregarded for the purposes of this section.
(3)  This section does not apply if:
(a)  the new sentence relates to:
(i)  an offence involving an escape from lawful custody, or
(ii)  an offence involving an assault or other offence against the person, being an offence committed (while the offender was a convicted inmate) against a correctional officer or (while the offender was a person subject to control) against a juvenile justice officer, and
(b)  either:
(i)  the existing sentence (or, if more than one, any of them) was imposed by a court other than the Local Court or the Children’s Court, or
(ii)  the existing sentence (or, if more than one, each of them) was imposed by the Local Court or the Children’s Court and the date on which the new sentence would end is not more than 5 years and 6 months after the date on which the existing sentence (or, if more than one, the first of them) began.
(4)  In this section:

existing sentence means an unexpired sentence, and includes any expired sentence or unbroken sequence of expired sentences with which the unexpired sentence is being served consecutively (or partly concurrently and partly consecutively).

sentence of imprisonment includes an order referred to in section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987.

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.

60   Application of Division to interstate sentences of imprisonment

This Division applies to unexpired sentences passed outside New South Wales, and being served or to be served within New South Wales, in the same way as it applies to unexpired sentences passed within New South Wales.
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