Where an offender is resentenced after the quashing of one conviction from an aggregate sentence, the arithmetical reduction attributable to the quashed count may be minor, but the court may take into account unforeseen onerous conditions of imprisonment (including COVID-19 lockdowns, denial of visits, and denial of basic amenities) as a basis for further reduction, particularly where those conditions are exacerbated by the offender's age and ill health. The custodial penalty is the deprivation of liberty and should not be the conditions of imprisonment.
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