The accumulation of sentences resulting in a disproportionately short parole period relative to the total head sentence is a factor that must be considered when determining whether special circumstances exist under s 44(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Delay in forensic processing of DNA evidence that delays the commencement of sentences is also relevant to the special circumstances determination. Section 50(1) requires a mandatory direction for release on parole for each sentence of three years or less, even where cumulative sentences render the direction futile for earlier-commencing sentences.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.