A sentencing judge's factual error about the availability of a presentence report can ground resentencing on appeal. A presentence custody declaration under s 159A of the Penalties and Sentences Act 1992 (Qld) may be made even where the time on remand coincided with the offender serving a sentence for other offending. Where PTSD is shown to be a cause of substance abuse and consequent offending, greater moderation of the weight given to general deterrence is warranted.
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