Where a Muldrock error vitiates a previous CCA sentencing decision, the re-sentencing court must exercise the sentencing discretion independently without being guided by the original sentence. An offender who has served a lengthy period of incarceration and can demonstrate rehabilitation as a reality (rather than a mere prospect) is entitled to have that demonstrated rehabilitation given significant weight on re-sentencing. Delay in obtaining sentence review through no fault of the offender is also a relevant factor.
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