A new single non-parole period fixed by a sentencing judge under s.14 of the Sentencing Act 1991 (Vic) operates from the day on which it was imposed, in conformity with s.17, not from the date of the pre-existing sentence. Where a sentencing judge misapprehends the applicable maximum penalty, misconceives the cumulation mechanics, or misconceives the operating date of a non-parole period, the errors vitiate the sentence and reopen the entire sentencing discretion on appeal. The Court expressly stated that the resentence should not be cited as a precedent for armed robbery sentencing given the peculiar totality circumstances.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.