When imposing cumulative sentences, the sentencing judge must apply the totality principle to the aggregate of all sentences including those the offender is already serving, not merely to the sentences being imposed. The maximum penalty for receiving stolen goods under s 414 of the Criminal Code (WA) is determined by the offence as charged in the indictment, not by the actual circumstances of the original theft. A sentencing judge should not adjust head sentences to avoid the impact of the statutory non-parole calculation scheme.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.