Where the original sentencing judge applied the totality principle by fixing individually appropriate concurrent sentences (per Pearce v The Queen), the same total effective sentence may properly be imposed at retrial even where the offender is convicted of fewer offences. The retrial sentencing convention (Gilmore/Bedford) is a prima facie approach, not a rule, and the manner in which totality was accommodated in the original sentencing exercise is critical to whether the convention requires a reduction. In cases of concurrent sentences for a course of criminal conduct, acquittal on some counts does not necessarily reduce the criminality warranting the head sentence.
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