Where an offender's pre-sentence custody is attributable to multiple causes and a declaration under s 161 of the Penalties and Sentences Act 1992 (Qld) cannot be made, the sentencing court retains an inherent discretion to frame the sentence to give partial credit for that custody. A prisoner detained in custody pending appeal should prima facie be treated as serving the sentence, and a direction under s 671G(3) of the Criminal Code should ordinarily be made unless exceptional factors exist. Counsel should raise the s 671G(3) issue whenever it arises on appeal.
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