When sentencing for mixed State and Commonwealth offending, the preferred approach is to order Federal sentences to commence after the non-parole period of the State sentence under s 19(3)(d) of the Crimes Act 1914 (Cth), rather than increasing the State head sentence to reflect overall criminality including Commonwealth offences. The latter approach risks prejudicing the offender in relation to parole eligibility and is inconsistent with the Commonwealth sentencing regime, particularly s 19AJ which prohibits fixing a single non-parole period across Federal and State sentences. Whether the 'overall criminality' approach is legally impermissible or merely undesirable remains an open question.
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