Section 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is only engaged where there is an unexpired sentence at the date the new sentence is imposed. If all prior sentences have expired by the date of sentencing, s 58 does not constrain the length of the new sentence, even if the new sentence is backdated to commence during the currency of the expired sentence. When s 58 is engaged, it constrains the length of the new sentence, not merely the extent of accumulation.
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