The amended s 159A of the Penalties and Sentences Act 1992 (Qld) empowers sentencing courts to make pre-sentence custody declarations in respect of time an offender was on remand for the subject offence whilst also serving a previous sentence of imprisonment. On the proper construction of s 159A(1), there is no preferred or prima facie position as to whether such custody should be declared as time served; the discretion is at large. The totality principle does not apply to aggregate the subject sentence with a previous sentence where the offender was not serving any component of a custodial sentence at the time of sentencing, though the previous sentence and related circumstances remain material considerations in imposing a just penalty.
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