Where pre-sentence custody cannot be formally declared as time served under s 159A of the Penalties and Sentences Act 1992 (Qld) but relates entirely to the offending being sentenced, the appropriate approach is to discount the notional head sentence rather than merely adjusting the parole eligibility date. The discretion whether to make a serious violent offence declaration and the allowance for a guilty plea are discrete matters that must be separately and transparently exercised. The notional head sentence for two episodes of sexual offending involving oral penetration at knifepoint against prostitutes, with an early guilty plea and intoxication, was assessed at seven years.
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