A sentencing judge's misapprehension about the availability of a suspended sentence does not vitiate the sentencing discretion where the judge was firmly of the view that immediate imprisonment was the only appropriate sentence. A s 6AAA declaration made at original sentencing is an irrelevant consideration in resentencing following breach of a CCO, but reference to it will not vitiate the sentence if it was discarded as irrelevant and had no material impact on the sentencing process.
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