Post-Pearce, a sentencing judge must fix an appropriate sentence for each individual offence before considering cumulation, concurrence and totality; it is erroneous to impose an identical sentence on each count reflecting only the totality of criminality. Where Form 1 offences are taken into account on a particular count, the sentence on that count must contain an observable component reflecting those offences and must be distinguishable from sentences on other similar counts. The s 55 partial accumulation power under the Crimes (Sentencing Procedure) Act 1999 provides a mechanism for structuring sentences across multiple counts while respecting both Pearce and totality.
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