A sentencing judge must consider whether a suspended sentence regime would more effectively secure the intended period of actual custody when there is a substantial risk that the offender will be denied the benefit of an early parole eligibility date due to inability to complete required treatment programs. On re-sentencing, the Court of Appeal may have regard to facts known at the time of re-sentencing to avoid injustice, including additional time served in custody beyond what the sentencing judge anticipated.
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