Where pre-sentence custody cannot be declared under s 159A of the Penalties and Sentences Act 1992 (Qld), the sentencing judge must still take it into account in determining the sentence, including by adjusting the head sentence and/or the parole eligibility date. The fixing of a parole eligibility date by a sentencing judge is distinct from the parole authority's decision whether to grant parole, and a sentencing judge's failure to fix a parole eligibility date on the basis that the matter is 'best left to those who conduct that issue' reflects an error of principle.
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