Where s 156A(2) of the Penalties and Sentences Act 1992 (Qld) requires a sentence to be served cumulatively with a prior sentence, the discretion under s 159A to declare pre-sentence custody as time already served cannot be exercised in the prisoner's favour, because doing so would convert a mandatory cumulative sentence into a partly concurrent one. Instead, the sentencing court must declare that no time is taken to be imprisonment already served under s 159A(3B)(c).
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