The Pearce v R rule requiring individual sentence determination before considering accumulation was breached where the sentencing judge first determined the overall sentence of 27-28 years before allocating sentences to individual counts. First-time incarceration alone is unlikely to constitute special circumstances warranting departure from the statutory ratio. The question whether s 45 of the Crimes (Sentencing Procedure) Act permits a court to reduce a sentence by imposing a fixed term (and whether the CCA can increase such a sentence on a severity appeal) remains unresolved.
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