The NT Court of Appeal declined to resolve whether 'dead time' (custody served on charges not resulting in conviction) is relevant of itself to sentencing for unrelated offences, finding the case was not an appropriate vehicle because no vitiating error was established at either the Local Court or Supreme Court level. The Court accepted the Supreme Court's summary of the Victorian position (dead time is a discretionary sentencing consideration) and the NSW position (dead time is not of itself relevant, though its consequences for the offender's subjective circumstances may be), but expressly left open which approach should prevail in the NT. The Local Court had taken dead time into account as part of the offender's subjective circumstances in the manner defence counsel had submitted, and the Supreme Court did not err in dismissing the appeal on that basis.
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