Where an offender has spent approximately three and a half years on home detention bail through no fault of their own, with good compliance, low intellectual functioning, and mental health issues, an allowance of only 25 days credit is manifestly inadequate and will result in a manifestly excessive sentence. The case illustrates that while credit for home detention bail is discretionary and there is no mathematical formula, the discretion must be exercised having regard to the length of time, the reasons for delay, the offender's compliance, and personal circumstances.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
4 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.