A breach of s 19(2) of the Human Rights Act 2004 (ACT) (failure to segregate remand prisoners from convicted prisoners) does not render custody 'unlawful' for the purposes of ss 64 and 72 of the Crimes (Sentencing) Act 2005 (ACT); such a breach is relevant only as a subjective factor in sentencing. Time spent in custody for wholly unrelated offending for which the offender was later acquitted is not to be treated as 'time served' or 'credit' to reduce a sentence, though it may be relevant to the offender's subjective case and totality. The Court preferred the NSW approach (Niass, Hampton, Dib) over the Victorian Renzella/Karpinski line of authority on this point.
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