Under s 55(2) and (4) of the Crimes (Sentencing Procedure) Act 1999, each subsequent cumulative sentence must commence at the expiration of the non-parole period (not the head sentence) of the immediately preceding sentence, with the consequence that the balance of the head sentence is subsumed in the non-parole period of the next sentence. This can markedly reduce the effective total of head sentences. Sentencing courts must account for this effect when structuring cumulative sentences to ensure the total adequately reflects the criminality involved. Each individual sentence must be correct in itself, including any discount for an early plea of guilty, even where the sentencing judge has reflected the plea by making sentences concurrent rather than cumulative. When considering totality, there are no State boundaries, and regard must be had to sentences to be served in other jurisdictions.
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