Section 72 of the Crimes (Sentencing) Act 2005 (ACT), which mandates consecutive sentences for offences committed while in lawful custody, does not apply to Commonwealth offences because it is inconsistent with ss 16A(1) and 16B of the Crimes Act 1914 (Cth). The amended s 16A(2)(g) of the Crimes Act now requires consideration of the utilitarian benefit of a guilty plea for Commonwealth offences sentenced in the ACT, rendering R v Harrington [2016] ACTCA 10 no longer relevant on this point. Offending while in custody and offending while on conditional liberty are both aggravating features on sentence; one is not more or less serious than the other. COVID-19 restrictions on prison visits constitute additional hardship to be taken into account on sentence.
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