On a Crown appeal against sentence, the Court retains a discretion to dismiss the appeal even where inadequacy is established, having regard to the principle of double jeopardy and other discretionary considerations.
When assessing whether a sentence is manifestly inadequate on a Crown appeal, the Court must consider the total period of imprisonment the offender will actually serve, including time owed to the Parole Board for breach of parole and sentences subsequently imposed for other offending. A sentence that appears manifestly inadequate in isolation may not warrant appellate intervention when the totality of the offender's imprisonment is taken into account.
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Judicial Consideration (Chronological)