Where an indictment alleges offences occurred during a date range that spans both a parole period and a post-parole period, the conviction cannot as a matter of law prove beyond reasonable doubt that the offences occurred while the offender was on parole, and parole should not be cancelled on that basis. The failure to declare pre-sentence custody under s 161 of the Penalties and Sentences Act 1992 (Qld) may effectively render a sentence harsher than that imposed at a first trial, contrary to the Petersen principle.
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