Where an offender is already institutionalised, the sentencing consideration is not avoiding institutionalisation but acknowledging it and providing a sufficient period of supervised conditional liberty to reduce its adverse consequences and protect the community. The three-year ceiling on parole supervision under cl 228 of the Crimes (Administration of Sentences) Regulation 2008 is a relevant factor in setting the balance of term. Failure to apply s 57(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (mandatory consecutive sentencing for escape offences) constitutes error, but where the error favours the applicant and there is no Crown appeal, the appeal will be dismissed under s 6(3) of the Criminal Appeal Act 1912.
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