Time spent in custody serving an existing sentence of detention or imprisonment cannot be reckoned as pre-sentence detention under ss 18(1) or 35(1) of the Sentencing Act 1991 (Vic) for the purposes of a subsequent sentence on different charges, notwithstanding the 1997 repeal of the words 'and for no other reason'. The sole exception is where a prisoner is re-sentenced by the Court of Appeal, in which case time served under the quashed sentence is treated as pre-sentence detention for the substituted sentence. The discretion under ss 18(7) and 35(7) to correct an erroneous declaration of pre-sentence detention is confirmed.
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