Where a sentencing judge is required to sentence for multiple offences and submissions have been made on cumulation, the judge must address the question of cumulation in the sentencing remarks; silence on this issue, particularly where the offences are separate in character and involve different victims, is indicative of error. The Pearce v The Queen methodology — fixing an appropriate sentence for each offence and then determining cumulation to reflect totality — is a fundamental principle, not a technicality. However, on a Crown appeal, the practical consequences of resentencing (including prison reclassification) may be considered in determining whether to intervene.
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