When sentencing for multiple offences, the correct sentence for each individual offence must be separately imposed in accordance with Pearce v The Queen; it is impermissible to impose one sentence on one count intended to cover the whole criminality with a concurrent fixed term on the other count. Section 47(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the court to take pre-sentence custody into account but does not oblige the court to backdate the sentence. The Jurisic guideline judgment is a guideline only and its words should not be treated as statutory provisions.
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