Where a solicitor is sentenced for both theft and defalcation arising from the same course of conduct, full cumulation of the defalcation sentence upon concurrent theft sentences is ordinarily wrong in principle. Cumulation of between a quarter to half of the defalcation sentence may ordinarily be appropriate, with some cumulation also ordered among the theft counts themselves. The sentencing judge should focus on the total effective sentence as the primary concern, making such limited orders for cumulation as are fair to reach an overall sentence consistent with the principle of totality.
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