A sentencing judge's failure to exercise the Renzella discretion to take into account doubly warranted detention vitiates the sentencing discretion, even where the error was caused by incorrect advice from counsel. The Crown cannot save such a sentence by arguing it remains within the available range, because a court is obliged as a matter of justice to take pre-sentence detention into account. Offending while on bail is a relevant but not determinative factor in the exercise of the Renzella discretion.
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