CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 58
Limitation on consecutive sentences imposed by Local Court
CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 58
Limitation on consecutive sentences imposed by Local Court
58 Limitation on consecutive sentences imposed by Local Court
(1) The 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.
(i) the existing sentence (or, if more than one, any of them) was
imposed by a court other than the Local Court or the Children's Court, or
(ii) the existing sentence (or, if more than one, each of them) was imposed by
the 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.
(a) introducing or supplying (or attempting
to introduce or supply) a drug, alcohol or other substance prohibited by those
regulations into a place of detention, or
(b) introducing or supplying (or
attempting to introduce or supply) syringes into a place of detention, or
(c)
possessing an offensive weapon or instrument within the meaning of the
Crimes Act 1900 , or
(d) possessing a mobile phone, a mobile phone SIM card
or mobile phone charger (or any part of these).
"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).