Where pre-sentence custody cannot be declared as time served under s 159A of the Penalties and Sentences Act 1992 (Qld), the sentencing judge must reduce the head sentence to account for that time, not merely adjust the parole eligibility date. A court may not fix a parole release date for concurrent terms of three years or less when the head sentence exceeds three years. For production of methylamphetamine, a sentence effectively amounting to seven years is at the top of the range and is reserved for more serious cases involving commercial operations or trafficking.
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