Under s 89(4) of the Sentencing Act 1995 (WA), the existence of at least two of the four statutory factors enlivens a discretion to refuse parole but does not mandate refusal; there is no presumption against parole eligibility. The McGarry principle (that setting aside one component of a sentencing decision requires setting aside the entire decision) applies under the Criminal Appeals Act 2004 (WA). Where a sentencing judge fails to order cumulative service under s 88(3), sentences are served concurrently with outstanding parole days by operation of s 88(1), and the parole days are subsumed within the later terms. Where reckless driving is a common element of both unlawful killing and stealing a motor vehicle driven recklessly, the reckless driving must be punished only once (in the unlawful killing sentence).
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