When sentencing an offender who has already served a sentence in another jurisdiction for related offending, the sentencing court must treat those interstate sentences as if imposed locally and structure the sentence accordingly, including by ordering commencement dates that reflect the concurrency that would have been available had all offending been dealt with in one jurisdiction. A starting point of five years (before discount) for an offence of making a communication to procure a two-year-old child for sexual activity, where the offender desisted upon resistance and no child was harmed, was held by Nicholson J to be manifestly excessive, with four years being the appropriate starting point. Where an offender was sentenced under the Criminal Law (Sentencing) Act 1988 (SA) and falls to be resentenced after commencement of the Sentencing Act 2017 (SA), the old Act applies.
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