When assessing whether the custodial portion of a sentence will be substantially served before an appeal is heard (a special and exceptional circumstance for bail pending appeal), the relevant period is the full-time custody portion only, not including periodic detention. Periodic detention has a strong degree of leniency and allows liberty for five of seven days per week. A sentence combining full-time custody and periodic detention imposed after 5 December 2014 is contrary to s 29(1)(a) of the Crimes (Sentencing) Act 2005 (ACT) as amended.
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