Grech v The Queen

[2013] VSCA 117

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Totality principle
4. › Offender sentenced whilst serving balance of sentence following cancellation of parole
5. › Whether totality principle requires adjustment of both head sentence and non-parole period
6. › Sentencing Act 1991 (Vic), s 16(3B)
1. Criminal Law
2. › Sentence
3. › Cumulation of sentences
4. › Sentence cumulative upon period of imprisonment following cancellation of parole order
5. › Sentencing Act 1991 (Vic), s 16(3B)

Quick Take

When applying the totality principle to account for a period to be served following cancellation of parole, the sentencing court must adjust both the total effective sentence and the non-parole period. Reducing only the non-parole period is an error in principle.