Time spent on home detention bail may be taken into account when sentencing for federal offences under s 16A(2) of the Crimes Act 1914 (Cth), as the provision is not exhaustive and the concept of 'antecedents' in s 16A(2)(m) is broad enough to encompass such time. The preferred approach when allowing credit for time in custody on remand is to identify a notional head sentence and notional recognizance release period, then deduct the credit from both figures, with a corresponding adjustment to the recognizance release period.
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