Time spent in custody on related breaching charges (such as breach of bail or breach of a domestic violence restraining order) that arose out of the same incident as the offence for which the defendant is sentenced is 'time spent in custody in respect of an offence' within s 30(2) of the Criminal Law (Sentencing) Act 1988 (SA), and full credit should be given. A sentencing judge who proceeds under a misapprehension of fact regarding why related charges were dismissed will have their sentencing discretion set aside.
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