Where an offender is sentenced for offences committed while on parole but the Parole Board has not yet cancelled parole at the time of sentencing, subsequent cancellation of parole constitutes fresh evidence admissible on appeal under the Duy Duc Nguyen principles. The appellate court may then apply the totality principle to determine whether the combined effect of all sentences warrants variation. A sentencing judge cannot make an order under s 16(3B) of the Sentencing Act 1991 for cumulation or concurrency where parole has not yet been cancelled, as this would offend s 5(2AA).
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