Where an offender faces cumulative sentences that produce a total period of imprisonment exceeding what might be expected for more serious offences (such as murder), the totality principle requires meaningful amelioration of the head sentence, even where the offender's own breach of parole contributed to the lengthy custodial period. Under the amended s 159A of the Penalties and Sentences Act 1992 (Qld), there is no preferred or prima facie method of accounting for pre-sentence custody; the court retains a flexible discretion to declare time served, reduce the head sentence, or both. Where an offender's breach of parole led to the pre-sentence custody period, it may be appropriate to decline to declare that time as time served and instead moderate the head sentence for totality.
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