Where an offender is serving a sentence of 3 years or less and is subject to a statutory parole order under s 158 of the Crimes (Administration of Sentences) Act 1999 (NSW), the offender is in custody solely referable to other pending charges from the expiry of the non-parole period, not the expiry of the total sentence. A sentence for those other charges should commence no later than the expiry of the non-parole period. Total accumulation of a new sentence on a pre-existing sentence may nullify a finding of special circumstances if it restores the non-parole period ratio to approximately 75% of the total effective sentence.
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