Where a prisoner serves a period of custody on a prior sentence that cannot be declared as pre-sentence custody under the new sentence, the sentencing court must still take that period into account as a relevant circumstance in arriving at a just sentence under s 9(1)(a) of the Penalties and Sentences Act 1992 (Qld). This applies regardless of whether the new sentence is imposed before or after the expiry of the prior sentence. The consideration is not a precise mathematical exercise but a general factor to be weighed alongside all other sentencing considerations.
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