A sentence imposed under the Crimes Act 1914 (Cth) cannot be ordered to be served cumulatively upon a State sentence; the only mechanism to achieve a cumulative effect is to fix the commencement date of the federal sentence under s 19(3) of the Crimes Act 1914 (Cth) after the applicable non-parole period on the State sentences. Where an appellate court contemplates restructuring a sentence to lawfully achieve the sentencing judge's intention, and this could effectively increase the sentence, the applicant must be advised and given the opportunity to withdraw the application.
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