Where a sentencing judge does not backdate a sentence to account for pre-sentence custody, the judge must clearly state reasons for not doing so and demonstrate how the custody was taken into account in relation to all offences for which the offender was in custody. A statement that pre-sentence custody was taken into account only for some offences, when the offender was in custody for all offences, does not satisfy the mandatory requirements of ss 24(a) and 47(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The time spent 'in custody' for the purposes of ss 24 and 47 commences from the date of arrest, not the date bail is refused.
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