Where an offender's criminal conduct has caused the death or injury of a loved one, the personal consequences to the offender (distress, loss, suffering) are relevant to the instinctive synthesis in sentencing and may bear on the assessment of just punishment, the weight of remorse, and the significance of specific deterrence. However, these consequences cannot play a 'significant or major role' in the sentencing process where the offending is grave and without mitigating circumstances. Cumulation orders must be moderated to comply with the totality principle even where individual sentences are within range.
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