When re-determining a life sentence under s 13A of the Sentencing Act 1989 where the offender committed other offences while an escapee, the re-determining judge is entitled to increase the murder sentence to account for the criminality of non-murder offences while applying the totality principle to reduce the minimum term, and this does not constitute double punishment contrary to Pearce v The Queen. Different statutory regimes for Commonwealth and State escape offences preclude a parity argument between co-offenders.
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