Case Note Update- Pre-sentence custody declaration.

In R v Stewart [2021] QSC 187, His Honour, Justice Henry looks at the issue of where there is shared pre-sentence custody and whether it is open to the court to declare the time held, even where that is in respect of a previous sentence. The case considers the proper interpretation of section 159A(1) of the Penalties and Sentences Act 1992. His Honour adopts the reasoning of Her Honour, Justice Bowskill in R v Whitley [2021] QSC 154. See Case Note. Facts Mr Stewart entered a plea of guilty to 12 offences. The most serious was the possession of a dangerous drug over the schedule amount. Some of the offending […]