When a new single non-parole period is fixed under s.14 of the Sentencing Act 1991 (Vic), a declaration of pre-sentence detention made under s.18 on a previous occasion continues in effect and must be aggregated with any new declaration when calculating the prisoner's earliest release date. Section 18(2)(d) prevents double-counting but does not extinguish the earlier declaration. Sentencing judges fixing a new non-parole period must specify the commencement date and account for all periods of pre-sentence detention, including by appropriate reduction in sentence for periods not amenable to a s.18 declaration.
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