Where an offender voluntarily discloses involvement in an offence to police, the Ellis principles must be considered even if not raised by counsel. Where an Aboriginal offender's background discloses the pattern of disadvantage identified in Fernando, those principles must be applied. Where a successful appeal against an earlier sentence thwarts the sentencing judge's intention regarding accumulation, the appellate court will adjust the commencement date to restore the intended relationship between sentences. Youth at the time of offending remains a relevant sentencing factor even where the offender is an adult at the time of sentencing.
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