Where an offender is in custody on unrelated charges that are closely connected to the subject offences, and bail on the subject offences remains in place only because there is no utility in revoking it, the offender should claim and be credited for that time in custody on the subject offences. If the offender is later convicted of the other offences, sentencing can proceed with concurrent or cumulative sentences. Fresh evidence of acquittal or withdrawal of other charges will not be received as a matter of course on appeal; the court will consider whether there was any tactical benefit to the applicant in the approach taken at sentencing.
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