Where two charges on an indictment involve overlapping elements and the criminality of one is entirely subsumed within the other, the imposition of separate but wholly concurrent sentences does not constitute double punishment contrary to Pearce v The Queen, provided the sentencing judge recognises there is no additional criminality. However, the preferable course is for the subsumed charge not to be included on the indictment. For standard non-parole period offences, a fixed term cannot be imposed; a non-parole period must be specified under ss 45(1) and 54B(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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