Where pre-sentence custody cannot be declared under s 159A of the Penalties and Sentences Act 1992 (Qld), a sentencing judge who intends to account for that custody must adjust the head sentence as well as the parole eligibility date; otherwise the effective head sentence will exceed the intended sentence. An effective head sentence of approximately six years and two months for a single stabbing of a police officer causing a wound requiring two sutures, committed during amphetamine-induced psychosis, was manifestly excessive.
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