For the purposes of the MJR principle, the sentencing regime operative at the time of an offence includes decisions of the Court of Criminal Appeal, not merely District Court sentencing patterns. The MJR principle cannot be read as excluding appellate corrections of sentencing error that would have applied to the offender had they been sentenced in the normal course. An offender who absconded in breach of bail and later returned voluntarily cannot rely on AB v The Queen for credit, as the return merely restores the position that should always have existed. Rehabilitation achieved while absconding receives less weight than rehabilitation in the ordinary course.
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