Section 47(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not oblige a sentencing judge to backdate a sentence to accommodate pre-sentence custody; the obligation is only to take the period into account. An express statement by the sentencing judge that pre-sentence custody has been taken into account, followed by specification of the sentence commencement date, is sufficient to discharge the s 47(3) obligation.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.