A sentencing discretion miscarries where the sentencing judge assumes a recommendation for parole will be capable of being given effect, but for administrative reasons beyond the prisoner's control it is not. Sentencing judges should allow a realistic period between the date of sentence and the recommended release date to enable parole applications to be made and considered. The Court of Appeal signalled it is moving towards reconsidering the restrictive approach to combining diverse sentencing options, favouring a test of whether the sentences are necessarily incapable of all being complied with.
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