An ex-prisoner has been awarded over $30,000 in legal costs after his release date was miscalculated.

Michael Marino, who had been jailed for 22 months on domestic violence and other charges, is to be paid $33,400 by the Department of Corrections chief executive.

In September, the Supreme Court ruled that Marino served four-and-a-half months too long in jail because the department failed to factor in the time he spent in custody on remand.

The Supreme Court also ruled the department had misinterpreted the Parole Act in several other instances.


Time held in detention before a person is sentenced to imprisonment is treated by the law as time already served when release dates and parole are determined.

The problem dates back to 2002 and affects more than 500 prisoners, the Corrections Department confirmed in September.

Marino was taken into custody in February last year on family violence charges.

In March and June further charges for attempting to pervert the course of justice were laid, as a result of telephone calls he made from prison.

Marion pleaded guilty to all charges and Corrections worked out he would be released in May this year- calculating time in detention from when the second perverting the course of justice charge was laid.

That was on June 19, 2015, meaning he did not get credit for the time from February to June when he was being held on family violence charges.

Marino will continue to seek $60,000 in compensation for unlawful and arbitrary detention.

He is due back in court on February 23 to determine if this is payable.