A sentence passed under s 668F(2) of the Criminal Code (Qld) commences from the date of the original sentence passed at trial, not from the date of the appellate order. When accounting for non-declarable pre-sentence custody where a serious violent offence declaration is made, the head sentence must be reduced to reflect that, if the non-declarable custody formed part of the sentence, the defendant would be eligible for parole after serving 80 per cent of it. Facts pertaining to a discontinued count may be considered in sentencing for a related offence where those facts inform the circumstances of the convicted offence, provided the offender is not punished for the uncharged offence.
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