Where an offender is in custody for multiple offences and some are later discontinued, the 'for no other reason' requirement in ss 158(1)(a)(ii) and 161(1) of the Penalties and Sentences Act 1992 (Qld) prevents a pre-sentence custody declaration being made at the time of sentencing for the remaining offences. The Court's power under s 668E(3) of the Criminal Code to quash a sentence is limited to substituting a sentence that is 'warranted in law', and cannot be used to make a declaration that was not lawfully available to the sentencing judge.
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