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Nov, Mark v The Queen
CRIMINAL LAW - Appeal - Sentence - Combination sentence imposed - Calculation of pre-sentence detention ('PSD') - While on remand applicant served sentence for unrelated offending - Period of separate sentence erroneously counted as PSD - Power to impose combination sentence subject to limit on period of imprisonment - Corrected PSD figure caused limit to be exceeded - Sentence unlawful - Resentenced - Period of custody reduced, community correction order unchanged - R v Broad  3 VR 31;  VSCA 149 applied - Director of Public Prosecutions v TY [No 2] (2009) 24 VR 705;  VSCA 226, Younger v The Queen  VSCA 199 considered - Sentencing Act 1991 (Vic) ss 18(1), 44(1).