A period spent in custody on unrelated charges upon which the offender was subsequently discharged or acquitted is not, in and of itself, a relevant factor in sentencing for other offences. However, if events occurred during such a period that bear upon the offender's subjective circumstances (such as marital breakdown, loss of employment, or development of illness), those events may be relevant. The R v Niass line of authority remains good law in New South Wales. General deterrence is a significant factor in sentencing for offences committed against persons in and around the public transport system.
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