When re-sentencing under s 83AS(1)(c) of the Sentencing Act 1991 following breach of a CCO, the preferred approach is to set aside the whole of the original sentence, sentence afresh as if the court had just found the offender guilty, and declare pre-sentence detention including time already served under the original sentence — rather than cumulating the new sentence upon other sentences. A sentence imposed for multiple offences will not be held to have failed to apply the principle of totality merely because the sentencing judge did not use that specific term.
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