Victorian sentencing courts must now give separate and distinct consideration to the punitive nature of residency at a rehabilitation facility, as a sentencing consideration separate from the rehabilitative progress achieved. The credit forms part of the instinctive synthesis without numerical identification, but sentencing judges should ordinarily explain how the punitive nature of the residency has informed the instinctive synthesis. Evidence is required to establish the nature and severity of restrictions at the facility. Residency at a rehabilitation facility is not equivalent to pre-sentence detention and will not ordinarily result in deduction of the entire period from a custodial sentence.
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