Where an offender commits offences while serving an ICO that has expired by the time of sentencing, the court may decline to cancel the expired ICO and instead account for it through the backdating mechanism under s 63 of the Crimes (Sentencing) Act 2005 (ACT), declining to backdate sentences beyond the expiry of the ICO. The question of whether s 79 of the Crimes (Sentence Administration) Act 2005 (ACT) permits cancellation of an expired ICO was left open.
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