Evidence of parole cancellation after sentence is admissible as fresh evidence on a sentence appeal as it establishes the true significance of the offender's breach of parole. However, further psychological reports and evidence of incarceration conditions that merely confirm what the sentencing judge already took into account are not admissible as fresh evidence. When assessing totality in the context of parole cancellation, the court must take into account the legislative intention in s 16(3B) of the Sentencing Act 1991 (Vic) that offenders who commit crimes while on parole will ordinarily serve the balance of the earlier sentence.
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