Where pre-sentence custody is not solely referable to the subject offence and s 161 does not apply, the whole period should ordinarily be taken into account at the first opportunity, but the sentencing judge retains a discretion and must make clear the extent and manner of any allowance. The onus lies on the offender to adduce evidence of pre-sentence custody and other mitigating factors. Offences of violence motivated by retaliation against persons who facilitate the giving of evidence in criminal proceedings are to be treated as particularly serious, warranting strong deterrence.
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