When sentencing under s 18A of the Criminal Law (Sentencing) Act 1988 (SA) for multiple offences, a sentencing judge must consider whether notional sentences should be concurrent or partially concurrent before calculating the aggregate — simply cumulating notional sentences and then applying totality is an error. Where offences of serious criminal trespass and theft arise from the same incident, substantial factors militate in favour of at least partial concurrency given the overlap in time, place, victim, mental element and harm. The question whether a sentencing judge is required to identify and state notional sentences for each offence when using s 18A remains unresolved, with Blue J expressly declining to decide it.
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