The discretion under s 18(1) of the Sentencing Act 1991 (Vic) to decline to declare pre-sentence detention cannot be exercised solely to avoid the requirement under s 11(1) to fix a non-parole period when a sentence of two years or more is imposed in combination with a community correction order. Section 44(3) expressly contemplates the combination of parole and a CCO and prescribes the order in which they take effect. R v Hill is largely confined to its own facts involving a young offender and a legislative lacuna.
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