Totality principles in sentencing apply whenever an offender is sentenced separately and later for offences forming part of the same course of criminal conduct, regardless of whether the delay was caused by an interstate element, the criminal justice system, or the offender's own silence. The failure to volunteer commission of offences does not deprive an offender of totality considerations, and to hold otherwise would conflict with the fundamental right to remain silent. R v Kay [2004] NSWCCA 130 is confined to the uncertainty consideration and does not affect the applicability of totality principles.
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