Where a sentencing judge fails to impose discrete sentences for each offence as required by Pearce v The Queen, the appellate court will re-sentence with discrete sentences even where the total effective sentence is not excessive. A notional starting point reflecting the totality of multiple offences may be used as an alternative to aggregating individual sentences, provided the result is not excessive. The Henry guideline judgment for armed robbery is of limited relevance where there are multiple offences and the offender has an extensive criminal history.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.