The totality principle does not require adjustment of a sentence where a prior sentence has fully expired before the date of sentencing, even if the prior sentence was served during the period of remand for the offence being sentenced. Circumstances aggravating the seriousness of kidnapping extend beyond actual violence to include real threats of violence and the presence of weapons. The size of an adjustment for special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a matter of discretion with which the Court of Criminal Appeal will be very slow to interfere.
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