While it is not appropriate for a sentencing court to mould a head sentence to achieve a particular non-parole period, it is open to a sentencing court to have regard to the effect which the operation of the Sentencing Act 1995 (WA) has upon the sentence it imposes, at least where that effect negates the effect of an order the court makes. The interaction of ss 93 and 94 of the Sentencing Act with cumulative sentences may make sentences significantly more severe in practical effect than they appear on their face, which is a relevant consideration on both Crown appeals and offender appeals against sentence.
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