Donnelly v The Queen

The totality principle does not require that cumulation be minimal merely because aggregate sentences cover similar offending; the sentencing judge retains discretion to order substantial cumulation where the offending covered by each aggregate sentence is sufficiently serious and distinct. A total effective sentence approaching twice the base sentence is not necessarily manifestly excessive where the offending includes distinct categories of serious criminality (organised theft racket, dangerous driving, firearms offences). The Court of Appeal may direct correction of a clerical error in a Record of Orders under s 104A(5A) of the Sentencing Act 1991 even where the sentencing judge considered himself functus officio.