The usual and preferable course is that pre-sentence custody is taken into account by backdating the sentence under s 24 of the Crimes (Sentencing Procedure) Act 1999 (NSW). An erroneous concession by defence counsel as to the commencement date of a sentence does not preclude an appeal where the interests of justice require correction. On resentencing, the court may take into account post-sentence events such as the no-billing of an unrelated charge that had affected the original sentencing exercise.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.