9 Nov 2016
Following the Supreme Court in Booth v R, remand credit is calculated in the aggregate rather than on a charge-by-charge or 'related offending' basis; therefore the period of pre-sentence detention before the FVPC Act charges must be applied to the two years eleven months FVPC sentence, correcting the release date to 13 August 2015.
12 May 2015
Period in custody between lodging of an application to cancel home detention under s80F and the court's determination does not constitute pre-sentence detention under ss90 and 91 Parole Act and therefore cannot be credited as time served for parole calculation; however, any period of remand custody that occurred prior to the original sentencing and related to the same charges does constitute pre-sentence detention and may be credited when calculating release dates for a substitute sentence of imprisonment imposed under s80F; habeas corpus relief was not granted immediately because factual pro…
13 Jul 2011
The correct statutory calculation of the applicant's release date under s86(1) Parole Act 2002 showed release on 19 July 2011, therefore the continued detention was lawful and the habeas corpus application was dismissed.