The Gilmore practice of not increasing sentence after retrial does not apply where the original sentence was quashed for technical errors rather than following a successful appeal against conviction. Triple jeopardy, while a relevant consideration, must be weighed against the seriousness of the offences and cannot justify a manifestly inadequate sentence. Concurrent sentences are inappropriate where they fail to reflect the totality of criminality, particularly where separate offences involve different complainants. A finding of special circumstances requires more than the mere existence of mitigating factors already used to reduce the head sentence.
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.