Where an offence is committed while on parole but the balance of the previous sentence has been fully served before the new sentence is imposed, ss 31(2) and 32(2) of the CLSA are not engaged. However, the sentencing judge must still have regard to the discharge of the unexpired parole when fixing the non-parole period for the new sentence, and may utilise s 30 of the CLSA to adjust the commencement date or adjust the non-parole period itself. Failure to account for the served parole balance may render the non-parole period manifestly excessive.
The full text is available to signed-in members.