Page 100 - Magistrates Conference 2019
P. 100

STEP 1:
       The Court will consider the sentence for each of the individual offences that the offender has been convicted of







                                                                                           STEP 2:

                    The Court will consider whether the sentences should be served concurrently or consecutively



                                                                                                    Sentences are generally served consecutively when:


  Sentences are generally served concurrently when:                                                 •    The offences arise out of different incidents

  •     the offences arise out of the same incident                                                 •    There are a combination of offences where it is important

  •     where  there  is  a  series  of  offences  of  the  same  or  similar                            that each is separately recorded

        kind, especially when committed against the same person                                     •    It  needs  to  be  ensured  that  all  the  offences  are


                                                                                                         appropriately punished




  Where the Court has determined that the sentences should run  Where the Court has determined that the sentences should
  concurrently,  it  will  ensure  the  sentence  to  be  served  reflects  run  consecutively,  it  will  consider  if  the  total,  once  the
  the  overall  criminality.  This  can  mean  that  the  sentences  for  sentences have been added up, is just and proportionate. If it

  each individual offence are increased to reflect the presence of  concludes  that  the  total  sentence  is  not  just  and
  the other offences                                                                                proportionate, it will adjust each of the sentences




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                                                                                             Step 3:


                               The Court will then consider whether the overall sentence is just and proportionate
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