Section 80X — Sentencing Act 2002: Commencement of sentence of home detention

80X Commencement of sentence of home detention (1) A sentence of home detention commences on the day it is imposed unless the start date of the sentence is deferred under section 80W . (2) Subsection (1) applies— (a) subject to the remainder of this section; and (b) regardless of whether or not the sentence is imposed in substitution for another sentence. (3) If a sentence of home detention is imposed cumulatively on another sentence of home detention imposed at the same time,— (a) at least 1 of the sentences must commence on the day that the sentence is imposed or to which the start date has been deferred under section 80W ; and (b) the commencement date for the subsequent sentence is the detention end date of the first sentence. (4) If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence ) to which the offender is already subject, the commencement date of the subsequent sentence is the detention end date of the first sentence. (5) If a sentence of home detention is imposed cumulatively on another sentence of home 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 time served under the quashed sentence must be treated as having been served under the subsequent sentence. (6) If a sentence of home detention is imposed cumulatively on another sentence of home 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) any time served under the cancelled sentence must not be treated as having been served under the subsequent sentence. Section 80X: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).