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Key decisions

  • Khouri v DPP (NSW) [2026] NSWCCA 68
  • Gillette v R [2026] NSWCCA 59

Khouri v DPP (NSW) [2026] NSWCCA 68

Local Court sentences of imprisonment – section 58 – sentences imposed more than five years earlier – consecutive versus non-consecutive non-parole periods

Khouri is the latest instalment in a long line of cases attempting to clarify section 58 of the Crimes (Sentencing Procedure) Act 1999. The Court of Criminal Appeal (‘CCA’) held that the section does not prevent the Local Court from imposing a sentence on an offender whose existing sentence commenced more than five years earlier, in circumstances where the non-parole period (‘NPP’) has expired, the new sentence does not commence immediately upon that expiry, and the whole of the new sentence is subsumed by the original head sentence.

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