In Queensland, custody served by an offender for charges of which the offender is ultimately acquitted may be taken into account as a relevant factor under s 9(2) of the Penalties and Sentences Act 1992 (Qld) when the offender is next sentenced, but there is no principle requiring a discount equivalent to the period of that custody. The totality principle has no application to such custody. The extent of any allowance depends on the relationship by time or other circumstance between the undeclarable custody and the offences for which the offender is subsequently sentenced.
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