I.03.Res.04 Combinations of sentences imposed before, on and after 30 June 2002
This section outlines how to calculate periods and dates for combinations sentences imposed both before and after 30 June 2002.
I.03.R04.01 Cumulative sentences
- If on or after 30 June 2002 an offender is sentenced to a sentence of imprisonment that is directed to be served cumulatively on another sentence of imprisonment that was imposed before 30 June 2002, the sentences form a notional single sentence for the purpose of determining:
- whether the offender is subject to a long-term sentence or a short-term sentence, and
- the offender's parole eligibility date and statutory release date.
- If a long-term notional single sentence incorporates 1 or more sentences imposed before 30 June 2002, the parole date of the notional single sentence must be calculated by adding one-third of the length of the sentence/s imposed after 30 June 2002 to the offender's parole eligibility and / or final release date for the notional single sentence imposed before 30 June 2002.
I.03.R04.02 Calculation of combinations of sentences imposed before, on or after 30 June 2002
- The following example is when a prisoner has been sentenced to 12 months imprisonment imposed on 1 June 2002 and 12 months cumulative imprisonment imposed on 5 June 2002; and 12 months cumulative imprisonment imposed on 1 July 2002.
- Step one: Identify the SCD from the first Warrant, i.e.1 June 2002.
- Step two: Calculate in days the total length of all the sentences combined i.e. 12 Months plus 12 months plus 12 months equates to 36 months (3 years) or 1096 days.
- Step three: Identify the SED as the 1096th day from the SCD, i.e. 31 May 2005.
- Step four: Calculate the period to the FRD for each of the sentences imposed prior to 30 June 2002. The FRD for sentences of twelve months or less imposed before 30 June 2002 is half the sentence
- The period to the FRD for the first sentence is 182.5 days (rounded up to 183 days) i.e. 30 November 2002.
- The period to the FRD for the second sentence is calculated from the day after the FRD for the first sentence, after 182.5 days (rounded up to 183) is added to this date.
- The period to the FRD for these sentences combined is 366 days, i.e.31 May 2003
The addition of the 12 months sentence imposed after 30 June 2002 identifies this as a single long-term notional sentence, therefore the prisoner is eligible for parole after one third of the sentence imposed after 30 June 2002, this is added to the FRD of the earlier sentences.
- Step five: Identify the PED:
- Add one third of twelve months, which is 122 days (121.6 days, rounded up).
- Add the 122 days to the FRD 366 days of the cumulative sentences imposed before 30 June 2002.
- The PED is on the 488th day of the sentence beginning 1 June 2002, which is 2 October 2003.
- Step six: The FRD is calculates as the FRD of the cumulative sentences imposed prior to 30 June 2002 of 366 and the total length of 365 days of the sentence imposed after 30 June 2002. The FRD is 1 June 2004.
- Prisoners who are sentenced to a combination of cumulative sentences before and after 30 June 2002, where the total sentence is 24 months or less are a single Short term notional sentence and are:
- not eligible for parole, and
- the PED defaults to the SRD.