Where pre-sentence custody cannot be declared under s 159A of the Penalties and Sentences Act 1992 (Qld), the head sentence must be reduced to account for the non-declarable period so that the offender is placed in the same position as if the time could be declared. Adjusting only the parole eligibility date without adjusting the head sentence is an error where it results in the offender potentially serving a longer total period in custody than the sentencing judge intended.
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