A sentencing judge has a discretion to backdate or not backdate a sentence where parole has been revoked by reason of the offence for which the offender is being sentenced. There is no absolute rule requiring backdating. Where re-offending occurs very shortly after release on parole and the balance of term is short, it may be appropriate to make sentences fully cumulative. The decisions in Kaiva and Webb did not establish a principle requiring backdating but were examples of the exercise of discretion in particular circumstances.
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