Where the same conduct constitutes both uttering and false pretences, cumulative sentences breach s 16 of the Criminal Code (Qld). The Neal v The Queen procedural requirements for increasing a sentence on appeal apply only where the re-sentencing would deprive the applicant of liberty left after the original sentencing; they do not apply where the overall effect of the re-sentence is less severe. A court may impose a higher sentence on one count to reflect overall criminality where s 16 precludes separate punishment on related counts.
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