Where an offender is convicted of both Territory and Commonwealth offences, the sentencing judge must apply the distinct sentencing regimes applicable to each and must not fix a single common nonparole period for both, as this breaches s 19AJ of the Crimes Act 1914 (Cth). A misstatement of the maximum penalty for an offence is a material error (not merely technical or trivial) where the sentences imposed must be taken to have been assessed against the incorrect maximums, and the appellant is entitled to be resentenced according to law.
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