The Court of Appeal held that where an offender commits offences while on parole, the totality principle cannot be applied directly to moderate the new sentence because the sentencing judge has no control over the parole cancellation component; rather, under s 9(2)(l) and (m) of the Penalties and Sentences Act 1992, the judge must have regard to the fact that the new sentence will effectively be cumulative upon the unexpired parole period, and impose a sentence reflecting the criminality of the current offences with that cumulation in mind. The Court also held that a starting point of four to five years for unlawful wounding was manifestly excessive, with three years being the appropriate starting point in the circumstances, and reduced the sentences on the wounding and entering a dwelling counts from 18 months to 12 months each.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
7 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.