Section 19AJ of the Crimes Act 1914 (Cth) prevents a court from fixing a single non-parole period in respect of both Federal and State offences. Where Commonwealth sentences are less than three years, s 19AC(4) requires the sentencing judge to give reasons for declining to make a recognisance release order. Where Federal and State offences form part of a single criminal enterprise and it is partly a matter of chance which offences are charged under Federal or State law, cumulation of the two sets of sentences is inappropriate. An increase in the individual head sentence on re-sentencing does not infringe sentencing principles where the overall effective sentence is reduced.
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