Where an offender is in custody serving a prior sentence after parole revocation, s 159A(1) of the Penalties and Sentences Act 1992 (Qld) does not require the sentencing judge to declare the pre-sentence custody, but the judge retains a discretion to take it into account. The seriousness of the parole breach and the need for deterrence are relevant factors in exercising that discretion. A sentencing judge may make allowance for non-declarable pre-sentence custody through concurrent sentencing and adjustment of parole eligibility dates rather than by reducing the head sentence.
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