Where a serious violent offence declaration is made and pre-sentence custody cannot be declared, the sentencing judge must account for the fact that the 80% parole eligibility requirement applies to the reduced head sentence, potentially resulting in a longer effective period before parole eligibility than the notional starting sentence would produce. The approach in R v NQ requires the pre-sentence custody period to be treated as 80% of the actual period to be allowed, because had it been part of the notional sentence, the offender could apply for parole after serving 80% of it.
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