Section 579(3) of the Crimes Act 1958 (Vic), which provided that time served pending appeal should not count unless the appellate court directed otherwise, was impliedly repealed by s.202A of the Social Welfare Act 1970 and remains repealed. Substituted sentences passed by the Court of Appeal under s.568(4) operate from the date of the original sentence, not the date of the appellate court's order (per Brooking and Tadgell JJA; Phillips JA disagreeing). Pre-sentence detention under s.18(1) of the Sentencing Act 1991 should be calculated down to the date of the appellate court's order, justified by the words 'proceedings arising from those proceedings' (per Brooking and Tadgell JJA; Phillips JA holding it should be calculated only to the date from which the substituted sentence runs).
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