1Where s 156A Penalties and Sentences Act 1992 (Qld) mandates a cumulative sentence for offending committed on parole, s 159A must be read subject to s 156A, precluding pre-sentence custody spent serving the preceding sentence from being declared time served under the cumulative sentence (applying R v Braeckmans).
2A sentencing judge's failure to make the formal pre-sentence custody declaration required by s 159A(3B) is an inconsequential technical oversight that does not vitiate the exercise of the sentencing discretion within the meaning of Kentwell v The Queen, but may be corrected on appeal under s 668E(3) Criminal Code (Qld) by varying the sentence to include the omitted order.
3A recidivist offender who has repeatedly offended on parole and entered only a belated guilty plea cannot expect a generously mitigated parole eligibility date; the need for personal deterrence may properly result in requiring a substantial proportion of the sentence to be served in actual custody before parole eligibility.
