When a sentencing judge proceeds on an incorrect factual basis in calculating the full time release date for a cumulative sentence, the sentencing discretion miscarries and the appellate court will re-exercise the discretion afresh. For armed robbery committed whilst on parole with a significant criminal history, a head sentence of six years reduced to three and a half years to reflect totality is within range. A parole eligibility date at approximately 43% of the aggregate sentence may be appropriate where the statutory default of 50% is too onerous given mitigating factors but the one-third mark insufficiently acknowledges the seriousness of offending on parole.
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