Where a serious violent offence declaration is made on one count and a cumulative sentence is imposed on another count that is also a schedule offence under the Penalties and Sentences Act 1992, s 161C(3) requires the offender to serve 80% of the cumulative sentence as well, potentially producing a non-parole period exceeding the sentencing judge's intention. Sentencing judges must account for this interaction when structuring cumulative sentences involving schedule offences.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.