Time spent in custody on remand that is referable to an unrelated sentence ('doubly warranted' time) should be taken into account in the offender's favour on sentence, preferably under the umbrella of totality rather than the Renzella discretion. A miscalculation of pre-sentence detention under s 18 of the Sentencing Act 1991 (Vic) is not a sentencing error that reopens the sentencing discretion, but the declaration may be adjusted.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.