Australian Capital Territory Numbered Acts

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CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 72

Concurrent and consecutive sentences—offences in custody or unlawfully at large

    (1)     This section applies if the primary sentence is imposed on the offender for any of the following offences:

        (a)     an offence committed while the offender was in lawful custody or unlawfully at large;

        (b)     an offence involving an escape from lawful custody.

    (2)     In the absence of a direction under subsection (3), the primary sentence must be served consecutively with the existing sentence of imprisonment.

    (3)     The court may direct that the primary sentence be served concurrently (or partly concurrently and partly consecutively) with the existing sentence.

    (4)     Unless the court considers that special circumstances apply, the court must not give a direction under subsection (3) if the primary sentence is an offence that involves causing harm, or threatening to cause harm, to a corrections officer.



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