South Australian Current Acts

SENTENCING ACT 2017 - SECT 45

45—Cumulative sentences

        (1)         Subject to subsection (2), the court by which a sentence of imprisonment is imposed may direct that the sentence be cumulative on any other sentence, or sentences, of imprisonment or detention in a training centre then being served, or to be served, by the defendant.

        (2)         If a sentence of imprisonment is imposed for an offence committed by the defendant—

            (a)         during a period of release on parole or conditional release; or

            (b)         while serving a period of imprisonment under an order of the Parole Board for breach of parole conditions,

the sentence will (except where 1 of the sentences to which the defendant is subject is life imprisonment) be cumulative on the sentence, or sentences, in respect of which the defendant was on parole.

        (3)         A direction may be given under subsection (1) irrespective of the number of cumulative sentences that the defendant is already serving or will, in consequence of the direction, be liable to serve.

        (4)         This section does not apply in relation to a youth unless the youth is sentenced as an adult.