A sentencing judge who accesses and relies upon material from an offender's prior court appearances without notifying the parties and giving them an opportunity to respond denies procedural fairness, and the sentence will be set aside. The period of cumulation arising from parole cancellation under s 16(3B) of the Sentencing Act 1991 is relevant to the totality assessment on re-sentencing, and some reduction of the head sentence may be appropriate on that account.
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