Where a sentencing judge, prosecutor, and defence counsel are all unaware of a parole cancellation that materially affects the total period of imprisonment to be served, the sentencing discretion is vitiated regardless of whether the issue is characterised as 'fresh evidence' or failure to take into account a relevant consideration. The principle of totality requires the sentencing court to be aware of all periods of imprisonment the offender must serve, including time owing on cancelled parole.
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