Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 3 - Sentences of imprisonment  

SECTION 19   Cumulative, partly cumulative or concurrent sentences  
General requirements

19(1)    
Where a person who is convicted of a federal offence or federal offences is at the time of that conviction or those convictions, serving, or subject to, one or more federal, State or Territory sentences, the court must, when imposing a federal sentence for that federal offence, or for each of those federal offences, by order direct when the federal sentence commences, but so that:

(a) no federal sentence commences later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and

(b) if a non-parole period applies in respect of any State or Territory sentences - the first federal sentence to commence after the end of that non-parole period commences immediately after the end of the period.

(2)    
Where:

(a) a person is convicted of 2 or more federal offences at the same sitting; and

(b) the person is sentenced to imprisonment for more than one of the offences;

the court must, by order, direct when each sentence commences, but so that no sentence commences later than the end of the sentences the commencement of which has already been fixed or of the last to end of those sentences.

(3)    
Where:

(a) a person is convicted of a federal offence or offences, and a State or Territory offence or offences, at the same sitting; and

(b) the person is sentenced to imprisonment for more than one of the offences;

the court must, by order, direct when each federal sentence commences but so that:

(c) no federal sentence commences later than the end of the sentences the commencement of which has already been fixed or the last to end of those sentences; and

(d) if a non-parole period applies in respect of any State or Territory sentences - the first federal sentence to commence after the end of that non-parole period commences immediately after the end of the period.

(4)    
For the purpose of fixing the commencement of a sentence under this section, a reference in this section to a sentence the commencement of which has already been fixed includes a reference to another sentence imposed at the same time as the first-mentioned sentence.

Additional requirements for Commonwealth child sex offences

(5)    
An order must not have the effect that a term of imprisonment imposed on a person for a Commonwealth child sex offence be served partly cumulatively, or concurrently, with an uncompleted term of imprisonment that is, or has been, imposed on the person for:

(a) another Commonwealth child sex offence; or

(b) a State or Territory registrable child sex offence.

(6)    
Subsection (5) does not apply if the court is satisfied that imposing the sentence in a different manner would still result in sentences that are of a severity appropriate in all the circumstances.

(7)    
If the court imposes a term of imprisonment other than in accordance with subsection (5), the court must:

(a) state its reasons for imposing the sentence in that manner; and

(b) cause the reasons to be entered in the records of the court.