On resentencing after a successful appeal against conviction followed by a plea to a less serious alternative charge, the starting sentence before discounts must be manifestly less than that imposed for the more serious offence. Time served in custody must be accounted for by backdating the sentence, not by deducting it from the head sentence. After a charge bargain, the sentencing judge must not sentence on a factual basis that accords with a more serious offence than that to which the offender pleaded guilty.
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