In applying the totality principle, where multiple offences arise from a single episode of criminal conduct, sentences should generally be ordered to be served concurrently, with cumulative sentences reserved for offences that are distinct in character from the main course of conduct.
Pullin J
Where a sentencing court imposes a head sentence that exceeds the statutory maximum and that sentence was expressly used as the starting point for the overall sentencing exercise, all related sentences should be quashed and the offender re-sentenced, because of the risk that the excessive head sentence influenced the other penalties. The new sentencing regime under the Sentencing Legislation Amendment and Repeal Act 2003 (WA) requires sentences to be reduced by one-third so that an offender will not serve more time in custody than under the previous law.
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