The extent to which a non-parole period should be backdated to account for pre-sentence custody, where that custody was partly attributable to revocation of parole on an earlier conviction, is a purely discretionary matter for the sentencing judge.
Meagher JA, Hidden J, Neil J
The backdating of a non-parole period to account for pre-sentence custody, where that custody was partly attributable to revocation of parole on an earlier conviction, is a purely discretionary matter for the sentencing judge. It is not double punishment: parole revocation addresses the prisoner's inability to adapt to lawful community life, while the sentence punishes the further offence.
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Judicial Consideration (Chronological)