The Queensland Court of Appeal held that its power to intervene in a sentence under s 668E(3) of the Criminal Code is not enlivened by post-sentence changes in the law or in the offender's circumstances. Where presentence custody could not lawfully be declared as time served at the date of sentencing (because the offender was also held on other charges under the then-applicable s 159A(1) of the Penalties and Sentences Act 1992), the subsequent discontinuance of those other charges and the 2020 amendment removing the 'and for no other reason' limitation did not establish any error in the original sentence. The extension of time was refused on the basis that the proposed appeal had no prospects of success.
The full text is available to signed-in members.