Where a sentencing judge has erred by reflecting total criminality in a single count sentence contrary to Pearce, the Court of Criminal Appeal lacks power under ss 5(1)(c) and 6(3) of the Criminal Appeal Act 1912 (NSW) to increase manifestly inadequate sentences on counts not the subject of appeal. The Crown should consider appealing inadequate individual sentences in multi-count cases to protect the public interest. The use of partial accumulation and partial concurrence is the preferred sentencing approach for multiple offences.
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