Where convictions on some counts in a multi-count case are quashed and those counts were the subject of partial cumulation orders, the entire sentencing discretion is re-opened. The Crown cannot seek to increase individual sentences on remaining counts to maintain the original total effective sentence unless a statutory warning under s 281(3) of the Criminal Procedure Act 2009 has been given. The Grabovac and Izzard approaches to sentencing for multiple counts are not irreconcilable but represent alternative methods of giving effect to the totality principle.
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