The Queensland Court of Appeal re-opened a sentence confirmed in 1999 to order that 42 days in custody count as time served, where the applicant had inadvertently ticked the wrong election box under s 75(3)(a) of the Corrective Services Act 1988 (Qld) (Repealed) and the Court was not informed of the issue at the original appeal hearing. The Crown did not oppose the application and submitted that s 671G(2) Criminal Code, as a procedural provision, may apply retrospectively to achieve the same result, but the Court did not resolve that question, instead making the order in the interests of justice.
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