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  #1  
Old 05-25-2020, 09:25 PM
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Default What does aggregation mean?

My man is serving multiple consecutive sentences. They recently pulled him in, saying they wanted to aggregate his sentences. What does this mean exactly? How does that differ from consecutive sentencing? We told them no. Would you have?
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Old 05-25-2020, 10:21 PM
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[7-505] Aggregate sentences




From this link it states:

https://www.judcom.nsw.gov.au/public...risonment.html



In 2010, a scheme of aggregate sentencing was introduced in an attempt to remove some of the complexity involved when sentencing for multiple offences, while preserving the transparency of the sentencing process. Section 53A Crimes (Sentencing Procedure) Act 1999 was introduced to overcome the difficulties of applying the decision in Pearce v The Queen (1998) 194 CLR 610: R v Nykolyn [2012] NSWCCA 219 at [31] including the requirement of setting commencement and expiration dates for each sentence. The court must make a written record of the fact that an aggregate is being imposed and the sentences it would have imposed had a separate sentence been imposed: s 53A(2).
Section 53A provides:
(1) A court may, in sentencing an offender for more than one offence, impose an aggregate sentence of imprisonment with respect to all or any 2 or more of those offences instead of imposing a separate sentence of imprisonment for each.
(2) A court that imposes an aggregate sentence of imprisonment under this section on an offender must indicate to the offender, and make a written record of, the following:
(a) the fact that an aggregate sentence is being imposed,
(b) the sentence that would have been imposed for each offence (after taking into account such matters as are relevant under Part 3 or any other provision of this Act) had separate sentences been imposed instead of an aggregate sentence.

(3) Subsection (2) does not limit any requirement that a court has, apart from that subsection, to record the reasons for its decisions.
(4) The term, and any non-parole period, set under this Division in relation to an aggregate sentence of imprisonment is not revoked or varied by a later sentence of imprisonment that the same or some other court subsequently imposes in relation to another offence.
(5) An aggregate sentence of imprisonment is not invalidated by a failure to comply with this section.

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Old 05-25-2020, 10:28 PM
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I'm not sure if it's the same in the U.S though
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Old 05-26-2020, 06:07 AM
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https://www.law.cornell.edu/cfr/text/28/2.5

2.5 Sentence aggregation.
When multiple sentences are aggregated by the Bureau of Prisons pursuant to 18 U.S.C. 4161 and 4205, such sentences are treated as a single aggregate sentence for the purpose of every action taken by the Commission pursuant to these rules, and the prisoner has a single parole eligibility date as determined by the Bureau of Prisons.

Possibly consolidate them? I would wait until someone with legal experience comes through
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Old 05-26-2020, 08:31 AM
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can I ask why did he say no to this? (curious here)

Also not sure what it means in the legal sense either but it sounds like they want to combine things in some way.
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Old 05-26-2020, 08:56 AM
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Since federal parole eligibility was cancelled a long time ago: the only remaining "parole" exceptions are for US military members sentenced under the Uniform code of military justice, UCMJ, and folks who were convicted in District of Columbia courts who are serving their sentences in bop prisons. (and possibly Puerto Rico/Guam courts too). Everyone else gets to serve their entire prison sentence, minus earned good time, followed by years (up to lifetime) of "supervised release/probation". I don't understand what "the prisoner has a single parole eligibility date as determined by the Bureau of Prisons" means?.

Parole carries the bonus of an early release from prison, but SR doesn't, so "truth in sentencing" actually means serving two complete sentences, one after the other.
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Old 05-26-2020, 10:01 PM
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Quote:
Originally Posted by Born View Post
[7-505] Aggregate sentences




From this link it states:

https://www.judcom.nsw.gov.au/public...risonment.html



In 2010, a scheme of aggregate sentencing was introduced in an attempt to remove some of the complexity involved when sentencing for multiple offences, while preserving the transparency of the sentencing process. Section 53A Crimes (Sentencing Procedure) Act 1999 was introduced to overcome the difficulties of applying the decision in Pearce v The Queen (1998) 194 CLR 610: R v Nykolyn [2012] NSWCCA 219 at [31] including the requirement of setting commencement and expiration dates for each sentence. The court must make a written record of the fact that an aggregate is being imposed and the sentences it would have imposed had a separate sentence been imposed: s 53A(2).
Section 53A provides:
(1) A court may, in sentencing an offender for more than one offence, impose an aggregate sentence of imprisonment with respect to all or any 2 or more of those offences instead of imposing a separate sentence of imprisonment for each.
(2) A court that imposes an aggregate sentence of imprisonment under this section on an offender must indicate to the offender, and make a written record of, the following:
(a) the fact that an aggregate sentence is being imposed,
(b) the sentence that would have been imposed for each offence (after taking into account such matters as are relevant under Part 3 or any other provision of this Act) had separate sentences been imposed instead of an aggregate sentence.

(3) Subsection (2) does not limit any requirement that a court has, apart from that subsection, to record the reasons for its decisions.
(4) The term, and any non-parole period, set under this Division in relation to an aggregate sentence of imprisonment is not revoked or varied by a later sentence of imprisonment that the same or some other court subsequently imposes in relation to another offence.
(5) An aggregate sentence of imprisonment is not invalidated by a failure to comply with this section.

I saw that, but it was the prison not the court trying to do this. That didn't appear legal?
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Old 05-26-2020, 10:06 PM
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Quote:
Originally Posted by sidewalker View Post
can I ask why did he say no to this? (curious here)

Also not sure what it means in the legal sense either but it sounds like they want to combine things in some way.
He said no because instead of serving parole for sentence one in prison, he would have twice as much out of prison. And if one of his sentences gets reduced, etc, then it no longer can because it's all one sentence once aggregated. Also, the case worker was either lying to him or seriously confused when explaining things to him. This case worker has a history of being "confused" with him. This also came immediately after the prison found out he got an attorney. I wanted to know the details of the "offer". It didn't appear to show any benefits. I'm trying to see if there was one we didn't think of.
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