When sentencing an offender for an offence committed while on parole, the court must fix a single non-parole period for the total period of imprisonment (the balance of the pre-existing sentence plus the new sentence) under s 32(2) of the Criminal Law (Sentencing) Act 1988 (SA). The non-parole period ordinarily commences from the date parole was cancelled, not from the expiration of the pre-existing sentence. The sentencing court must consider the totality of imprisonment and determine what minimum portion must be served to achieve the purposes of punishment having regard to both the old and new offending.
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