When a sentencing judge imposes an aggregate sentence to be partially accumulated upon a prior aggregate sentence, the statutory question of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is to be assessed by reference to the aggregate sentence being imposed, not by reference to a notional overall effective sentence combining both aggregate sentences. Section 53A(4) confirms that the later aggregate sentence does not revoke or vary the earlier one. A concession by counsel at sentencing as to the commencement date of the sentence is fatal to a subsequent complaint on appeal about the degree of accumulation.
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