A non-parole period fixed in combination with a wholly suspended sentence (contrary to R v Hatch) is severable from the otherwise valid suspended sentence order, leaving the suspension undisturbed. A conviction for breach of a suspended sentence order made by a superior court remains valid even where the underlying sentence contained an invalid component, because orders of superior courts are effective until set aside. Where fresh evidence demonstrates the certainty (rather than mere likelihood) that an offender will be required to give evidence as a Crown witness, the sentencing discretion is reopened.
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