Where fixed terms of imprisonment are ordered to be served partly cumulatively under the Sentencing Act 1995 (WA), the non-parole period must be calculated by reference to the aggregate of the fixed terms ('fixed term aggregation'), not by aggregating separately calculated non-parole periods ('mixed aggregation'). The Sentence Information Unit's practice of mixed aggregation is erroneous. The obligation to place material before the sentencing court regarding the mitigating effect of property confiscation under a drug trafficker declaration rests on the offender, not the Crown. The question whether the exceptions in s 94(2) and (3) mean that no part of a partly cumulative term is to be aggregated, or only the cumulative portion, remains unresolved.
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