Where a sentence on one charge is set aside after a concurrent sentence has been imposed on another charge, the period of custody served on the set-aside charge constitutes unallocated pre-sentence detention that must be taken into account under the Renzella discretion when resentencing on the remaining charge. Section 18(1) of the Sentencing Act 1991 (Vic) cannot be used to declare pre-sentence detention for periods served pursuant to a sentence, making the Renzella discretion the only available mechanism.
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