Where an offender on remand serves a sentence for unrelated offending, that period cannot be counted as PSD under s 18(1) of the Sentencing Act 1991 (Vic), applying R v Broad. This must be distinguished from the concurrent sentence situation (TY; Younger) where the entire period counts as PSD on resentence. An error in PSD calculation that causes the imprisonment component of a combination sentence to exceed the one-year limit in s 44(1) renders the sentence unlawful, unlike ordinary PSD errors which do not vitiate the sentence. The Court of Appeal has signalled that the Broad principle may warrant reconsideration in an appropriate case.
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