Under ss 88(3)(d) and 88(4) of the Sentencing Act 1995 (WA), a partly cumulative sentence cannot commence after the expiration of the non-parole period of the first sentence. Where the first sentence is a 6-year parole term (with a 2-year non-parole period), a 4-year partly cumulative sentence cannot produce an aggregate exceeding 6 years. The question whether part-cumulation can extend the overall non-parole period without extending the head sentence was expressly left open.
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