Where a sentencing judge has used a 'moderating and cumulating' approach to structure sentences around a base sentence, and the base sentence is found to be manifestly excessive on appeal, the entire sentencing discretion may be reopened and other individual sentences adjusted to maintain the appropriate total effective sentence. A bare assertion that imprisonment will be more burdensome for an offender with bipolar disorder is insufficient without supporting evidence, particularly where the condition is being effectively managed with medication in the general prison population.
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