Section 18(1) of the Sentencing Act 1991 (Vic) requires pre-sentence detention to be reckoned as time already served unless the court otherwise orders for good reason; the desire to structure a combined imprisonment/CCO under s 44 is not a valid reason to refuse deduction. Where a court 'otherwise orders' that no pre-sentence detention be reckoned, a declaration under s 18(4) must still be made stating nil days. The Court of Appeal has power under s 280(3) of the Criminal Procedure Act 2009 to correct pre-sentence detention declarations even when refusing leave to appeal on sentence.
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