Where the same factual issue (here, consent) arises at two points in an indictment under different burdens of proof, and the jury has necessarily been satisfied of that issue beyond reasonable doubt, a failure to direct on a reverse-onus defence on the same factual issue will not occasion a substantial miscarriage of justice. Section 87 of the Sentencing Act 1995 (WA) should be construed purposively so that 'for no other reason' does not preclude backdating merely because the offender was also charged with other offences, provided the time in custody is attributable to the offence being sentenced. Favourable antecedents and the prospect of rehabilitation should weigh in favour of parole eligibility even where the offender poses a risk, as the Parole Board can assess risk at the appropriate time.
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