The Court of Criminal Appeal held that s 58(1) of the CSP Act does not restrict the Local Court from imposing a new sentence of imprisonment that is wholly subsumed within the parole period of an existing sentence, provided the new sentence is not wholly or partly consecutive upon the non-parole period of the existing sentence. The term 'existing sentence of imprisonment' in s 58(1) means the full term of the sentence, not the non-parole period; the bespoke definitions in ss 55(4), 56(5) and 57(3) do not carry through to s 58. The Court also rejected the argument that imposing a new sentence during parole has the effect of extending the non-parole period of the existing sentence so as to render the new sentence consecutive.
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