Converse backdating


Street CJ said at 260: The principle of totality is a convenient phrase, descriptive of the significant practical consideration confronting a sentencing judge when sentencing for two or more offences.

Not infrequently a straightforward arithmetical addition of sentences appropriate for each individual offence considered separately will arrive at an ultimate aggregate that exceeds what is called for in the whole of the circumstances.

it is not to be disregarded for the converse purpose of assessing whether the overall effect of the sentences is sufficient …”: R v KM [2004] NSWCCA 65 at [55] cited with approval in Vaovasa v R (2007) 167 A Crim R 159 at [18].

The principle has been stated many times in various forms: ‘when a number of offences are being dealt with and specific punishments in respect of them are being totted up to make a total, it is always necessary for the court to take a last look at the total just to see whether it looks wrong[’]; ‘when …

cases of multiplicity of offences come before the court, the court must not content itself by doing the arithmetic and passing the sentence which the arithmetic produces.

The task of the court is to ensure that the overall sentence is neither too harsh nor too lenient.Just as totality is applied to avoid a crushing sentence “…


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