Section 75B — Sentencing Act 2002: Commencement of cumulative sentences of community detention

75B Commencement of cumulative sentences of community detention (1) If a sentence of community detention is imposed cumulatively on another sentence of community detention imposed at the same time,— (a) at least 1 of the sentences must commence on the day that sentence is imposed; and (b) the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served. (2) If a sentence of community detention is imposed cumulatively on another sentence of community detention to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served. (3) To avoid doubt, if a sentence of community detention is imposed cumulatively on another sentence of community detention, any period during which the offender was subject to either of the sentences referred to in subsections (1)(b) or (2) is not counted towards the term of the other sentence. (4) If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence ), whether or not imposed at the same time, and the first sentence is subsequently quashed,— (a) the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and (b) any period during which the offender was subject to the quashed sentence must be treated as having been served under the subsequent sentence. (5) If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence ), whether or not imposed at the same time, and the first sentence is subsequently cancelled,— (a) the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and (b) to avoid doubt, any period during which the offender was subject to the cancelled sentence must not be treated as having been served under the subsequent sentence. Section 75B: inserted, on 1 October 2007, by section 39 of the Sentencing Amendment Act 2007 (2007 No 27).