The Court of Appeal held that the sentencing judge erred in ordering that an activated 12-month suspended sentence for indecent dealing be served concurrently with the five-year sentence for later sexual offences committed during the operational period. Applying R v Melano, the Court ordered the activated suspended sentence be served cumulatively upon the new sentences, with the five-year sentence for maintaining a sexual relationship with a child to commence after the 12-month suspended sentence, and set a parole eligibility date of two years on the new offences.
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