Section 161 of the Penalties and Sentences Act 1992 (Qld) does not limit the general sentencing discretion to consider pre-sentence custody as a mitigating factor where a declaration cannot be made because the remand related to multiple offences. The existence of pending trials for other offences to which the remand also related does not disentitle the offender from receiving credit for pre-sentence custody at the first sentencing opportunity. Where convictions upon which a cumulative order was based are subsequently set aside, the sentence must be revisited.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.