Section 157(3) of the Penalties and Sentences Act 1992 (Qld), as amended by the Corrective Services Act 2000 (Qld), does not require a sentencing judge to make a recommendation for post-prison community based release when imposing another term of imprisonment on an offender already serving imprisonment, unless a PPCBR recommendation was made in respect of the earlier term of imprisonment. R v Ziegerink should not be followed on this point. Where a sentencing judge takes pre-sentence custody into account in moderating the head sentence, no separate declaration under s 161 is required.
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