Section 159A of the Penalties and Sentences Act 1992 (Qld) requires the sentencing court to actively consider whether to declare pre-sentence custody as time served, but there is no presumption in favour of the prisoner. Where cumulative sentences are imposed commencing from a future date, no pre-sentence custody can be declared as time already served under those sentences. In applying the totality principle to cumulative sentences, the court may reduce head sentences to account for lengthy pre-sentence custody that cannot be declared under s 159A.
The full text is available to signed-in members, including the 1 later case that cites this judgment.