New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 58

58 Limitation on consecutive sentences imposed by Local Courts

(1) A Local Court may not impose a new sentence of imprisonment to be served consecutively (or partly concurrently and partly consecutively) with an existing sentence of imprisonment if the date on which the new sentence would end is more than 5 years after the date on which the existing sentence (or, if more than one, the first of them) began.

(2) Any period for which an existing sentence has been extended under this or any other Act is to be disregarded for the purposes of this section.

(3) This section does not apply if:

(a) the new sentence relates to:

(i) an offence involving an escape from lawful custody, or

(ii) an offence involving an assault or other offence against the person, being an offence committed (while the offender was a convicted inmate) against a correctional officer or (while the offender was a person subject to control) against a juvenile justice officer, and

(b) either:

(i) the existing sentence (or, if more than one, any of them) was imposed by a court other than a Local Court or the Children’s Court, or

(ii) the existing sentence (or, if more than one, each of them) was imposed by a Local Court or the Children’s Court and the date on which the new sentence would end is not more than 5 years and 6 months after the date on which the existing sentence (or, if more than one, the first of them) began.

(4) In this section:
"existing sentence" means an unexpired sentence, and includes any expired sentence or unbroken sequence of expired sentences with which the unexpired sentence is being served consecutively (or partly concurrently and partly consecutively).
"sentence of imprisonment" includes an order referred to in section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 .