The subsequent cancellation of a parole order to which an offender was subject at the time of sentencing constitutes fresh evidence warranting reconsideration of the sentence on appeal, even where the original sentences were within the proper exercise of discretion. A sentencing judge cannot, as a matter of law under s 16(3B) of the Sentencing Act 1991 (Vic), take into account the possibility of parole cancellation, but the Court of Appeal can re-sentence to ensure the total period of incarceration (including the restored parole period) is not manifestly excessive.
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