Where an offender's parole is revoked as a consequence of the commission of offences for which the offender is being sentenced, and the sentencing judge treats commission on parole as an aggravating feature, the commencement date of the sentence must be adjusted to avoid double punishment. The court must undertake a hypothetical exercise to determine when the offender might have been released on parole absent the offences. Proportionality arguments based on sentences imposed on offenders in related but separate operations will not succeed where the offenders are not truly comparable in terms of role, criminal history, and personal circumstances.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
7 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.