Section 32(1)(b) of the Criminal Law (Sentencing) Act 1988 (SA) requires a court to extend an existing non-parole period when imposing a further sentence of imprisonment; the court has no discretion to decline to do so. Section 32(5)(c), which permits a court to decline to fix a non-parole period, has no application where the offender is already subject to an existing non-parole period. A sentence not authorised by law is sufficient to justify the grant of leave to the prosecution to appeal against sentence, even where the departure from sentencing standards alone might not suffice. The appropriate starting point for sentencing for escape from lawful custody (without particular aggravating circumstances) is about 18 months to two years' imprisonment.
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